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A defendant shall be punished by imprisonment for up to seven months.
Reasons
Punishment of the crime
[Criminal Justice] On August 22, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. in the Jinwon District Court’s Jinju branch on August 22, 2017, and completed the execution of the sentence in the Port Prison on October 10, 2018.
【Criminal Facts】
1. On October 29, 2018, around 09:30 on October 29, 2018, the Defendant: (a) damaged a locked, and intruded into a structure managed by the victim C, operated by the victim C in Seo-gu, Busan.
2. Around 07:00 on October 31, 2018, on the grounds that the Defendant arrested the Defendant as a flagrant offender on the front side of the F District District of the Western Police Station located in Seo-gu Busan, Seo-gu, Busan, on the ground that, while under the influence of alcohol, the Defendant openly insulting the victim by publicly insulting the victim by stating that “a police officer, who is a police officer, is breath, frighting, frighting the bit of a bit of bitch bitch flob, so as to make the victim’s bit of a bitch bit of bitch
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Each police statement made to G, H and I;
1. Destroyed locked photographs;
1. A survey report (CCTV verification);
1. Previous convictions indicated in the judgment: Application of criminal records records, investigation reports (the confirmation report during the period of repeated crimes), and personal confinement status [the defendant denies the entry of a structure even if he recognizes the fact that the locked was damaged, but denies the entry of the structure, but the defendant has been paying taxi expenses and carried cash in the victim's shop, and in light of the victim's statement that the lock was opened, and that there was a trace of opening and leaving the lock, the fact that the defendant invadedd the structure can be recognized]; application of statutes;
1. Relevant Article 319 of the Criminal Act and Article 311 of the Criminal Act (Influence to Buildings, Selection of Imprisonment and Selection of Imprisonment) concerning facts constituting an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. The scope of punishment by law: Imprisonment for not more than eight years;
2. Determination of sentence: Imprisonment with prison labor for not more than seven months;