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(영문) 인천지방법원 2020.09.10 2020고단5734
특수상해미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The charges were revised ex officio.

At around 09:00 on January 31, 2020, the Defendant: (a) knew of the fact that, despite being aware of the fact that, at around 09:00, soldiers might face to the outside of the hold, the Defendant collected 2 soldiers from their windows, a dangerous object, without any particular reason, while drinking; (b) caused them to go away from the side of the victim D (ma, 29 years of age) where one of the soldiers was conducting surveys in the vicinity of the above Bara; (c) thereby, the Defendant destroyed the said vehicles by one disease away from the back of the Fstren vehicle owned by the victim E, which was parked in front of the above Ba, and at the same time, damaged the said vehicles by KRW 758,448.48.

Summary of Evidence

1. The written statement written by the police concerning the defendant's legal statement E, the scene photograph of the damaged victim's vehicle, the on-site identification report, and the photo of the shoulderer's disease collected at the scene;

1. Application of Acts and subordinate statutes of the investigative report (number 1,15,22);

1. Articles 258-2 (3) and (1), 257 (1) (the point of attempted special injury), 369 (1), and 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act;

1. The Defendant committed the instant crime on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the record of punishment four times (one time of juvenile protective disposition, one time of fine, and two times of suspended execution) due to violent inclinations.

However, the defendant's mistake is recognized, when agreement is reached with the victim E, the above victim does not want the punishment of the defendant, in the case of special injury, the attempted crime was not caused and the actual damage was not caused, and the defendant's age, occupation, character and conduct, environment, circumstances before and after the crime, etc. are considered, and the punishment shall be determined as ordered by taking into account various sentencing conditions specified in the records and arguments of this case,

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