2017 Highest 1602 Special Bodily Injury, Attempted Violence

A

Oral cases (prosecutions) and a new flag (public trial)

Attorney Lee Jin-bok (Korean)

October 24, 2017

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

The defendant shall be subject to probation and shall be ordered to provide community service for 120 hours.

Criminal facts

1. Violence;

On December 23, 2016, at around 23:20 on December 23, 2016, the Defendant assaulted the victim, such as the victim's face, flabing flabing flabing flabing, flabing flabing, flabing flabing, flabing, flabing, leading the victim's face, flabing the flabing of flab.

(b) An attempted special injury:

On December 23, 2016, at the same place as Paragraph 1, at around 23:25 on December 23, 2016, the Defendant: (a) expressed that the victim E, the main owner of a medium business, who was disputing with D, did not enter his own horse; (b) took a bath knife with the victim’s straw, which is a dangerous object inside the main store, strawing the victim’s breath, and took a knife with the victim’s chest, but she attempted to cut the victim’s clothes on his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E and D;

1. Five photographs, on-site CCTV CDs;

1. The police seizure record and the list of seizure;

[Defendant alleged that he did not cover the face of the victim with a crocf, and that he did not want to cover the part of the victim's chest. However, in full view of each statement at the police of the victims and field CCTV CDs, the defendant could recognize the fact that the defendant covered the face of the victim with a crocf, and even though the defendant was not strong, it can be recognized that the crocf was cut down on the victim's chest, because he could be recognized the fact that the crocf was cut down only by the victim's clothes on his breast by the wind that the victim was knife with the knife with the knife with the knife with the knife)

Application of Statutes

1. Article applicable to criminal facts;

Article 258-2(3) and (1) of the Criminal Act (the attempted special injury) and Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment)

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted special injury)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

The crime of this case is highly dangerous in that the defendant was in danger of being in danger of being in danger of being in danger of being in danger of being in danger, was committed four times before and after the suspension of execution, as well as before and after the crime of this case. However, even though the defendant was knife, it seems that the degree of the defendant's injury he wanted to go in spite of his knife was weak, and that the special injury was friendly to the attempted crime, the punishment shall be determined

Judges Imprehion