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(영문) 대구지방법원 서부지원 2018.11.16 2018고단1885
특수상해미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant expressed, on June 1, 2018, the victim D (24) who is an employee of the victim D (24) voluntarily respond to the procedure of membership in the Daegu-gu building 4th floor of the building B, Daegu-gu around 03:23, on the ground that he responded to the procedure of membership, the Defendant expressed the victim’s desire to “Wooi Mai Mai Mai Mai Mai Mai Mai Mai Mai Mai Mai Mai Mai, Mai Mai Mai Mai Mai” and tried to inflict a bodily injury on the victim by putting the victim’s face on his hand ( approximately 15cm in total, approximately 90cm in length, about 90cm in length). However, the Defendant attempted to avoid this and failed to commit so.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Photographs of criminal tools;

1. Application of the investigation report (limited to attachment of CCTV images and images to which the scene of the crime has been taken) and CCTV-cap photographs (which is the sequence 6, 7, and the third trial date, which is the date of the trial on September 7, 2018, to the verification of the CCTV images by reproducing them in this court).

1. Articles 258-2 (3) and (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a large amount of violent crimes committed by the Defendant, and on March 25, 2016, the Daegu District Court sentenced two-year imprisonment with prison labor for a special injury, etc., and sentenced on October 14, 2016, which became final and conclusive on October 14, 2016, again committed the instant crime, and agreed with the victim (the victim does not want punishment against the Defendant). Meanwhile, the instant crime was committed by comprehensively taking into account all the circumstances, such as the degree of attempted crimes, degree of damage, background of the crime, method of the crime, degree of crime, crime, criminal records, criminal records, prosecutor’s old punishment (one year and six months of imprisonment).

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