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(영문) 수원지방법원 2020.09.08 2020고단358

야간방실침입절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for assault, etc. at the Incheon District Court on December 21, 2018, and completed the enforcement of the sentence at the Incheon Detention Center.

【Criminal Facts】

1. On December 2, 2019, the Defendant: (a) around 23:42 on December 2, 2019, the Defendant: (b) opened a door that was occupied by the victim D, and opened a door that was not corrected under subparagraph (e) in the fifth floor of the Bupyeong-gu Incheon Bupyeong-gu B building; and (c) infringed on the plan, and stolen the door PC equivalent to KRW 800,000 at the market price of the victim’s possession.

2. At around 19:03 on May 9, 2020, the Defendant, at the first floor of the Bupyeong-gu Incheon Bupyeong-gu, Seoul, 2020, cut off 20 km rice 20 km equivalent to 50,000 won in the market price, to provide the victims G free of charge to the residents residing in the area.

3. At around 14:40 on February 18, 2020, the Defendant: (a) committed an assault with the victim’s J (the age of 57) on the following grounds: (b) in an I restaurant located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (c) in calculating the drinking value, there was a lack of money in the process of drinking together with the victim’s J (the age of 57) and in calculating the drinking value; and (d) caused an assault with the victim’s breath hand.

Summary of Evidence

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (former records and repeated crimes and confirmation), and personal confinement status "20 high-level358";

1. Defendant's legal statement;

1. Written statements of D;

1. Cpublic announcement CCTV photographs "20 high-level 3820";

1. Defendant's legal statement;

1. G statements;

1. "Investigation Report (Case On-SiteCC-TV Investigation and Search and Investigation)" (200 Highest 4800);

1. Defendant's legal statement;

1. Application of the police interrogation protocol to J

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime (the point of larceny at night), Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of larceny and the choice of imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.