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(영문) 수원지방법원 여주지원 2012.11.07 2012고단373
특수절도등
Text

A person shall be punished by imprisonment with prison labor for one year for special larceny in the judgment of the defendant, and by imprisonment with prison labor for two months for each crime of assault in the judgment.

Reasons

Punishment of the crime

On August 19, 2010, the Defendant sentenced ten months to imprisonment with prison labor at the Suwon District Court for fraud, etc. and completed the execution of the sentence on February 18, 201, when the said sentence became final and conclusive on August 26, 201. On November 16, 2011, the Defendant was sentenced to six months in imprisonment with prison labor at the Innyang Prison branch for interference with business, etc. on November 24, 201, and the said sentence became final and conclusive on November 24, 201, and completed the execution of the sentence at the inn prison on January 20, 2012.

[2012JE 373] On July 21, 2011, the Defendant, in collaboration with the person who was not the victim’s name, opened a door at the Gyeonggi-si Religious Organization, which was not corrected, and eroding, and eroding it before it, destroyed the victim’s non-ownership, and then stolen the amount equivalent to KRW 500,000 of the D-ownership cash contained in the erode.g., the market price.

[2012No. 519:40 on May 5, 2012, the Defendant assaulted the part of the said victim’s arms and bucks on the hand, with the hand floor, on the ground that the victim F, under the influence of alcohol before the Defendant’s house located in Gyeyang-gun, Gyeonggi-do, would have avoided the disturbance.

Summary of Evidence

[2012 Highest 373]

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of a police officer;

1. D's legal statement;

1. On-site photographs [2012 highest 746];

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Data concerning photographs of victims;

1. Previous convictions in judgment: The application of criminal records and personal investigation records under the statutes;

1. Relevant provisions of the Criminal Act, Article 331 (2) and (1) of the Criminal Act (the occupation of special larceny) concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. Article 35 of the Criminal Act (Crime of Assault because of the previous conviction of fraud) (Crime of Assault because of the previous conviction of special larceny, crime of interference with business)

1. According to the sentencing guidelines for sentencing, following the latter part of Article 37 and Article 39(1) of the Criminal Act (i.e., the crime of special larceny and the crime of interference with business for which judgment became final).

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