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(영문) 광주지방법원 2019.06.13 2018고단1071
폭행등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

On September 24, 2013, the defendant was sentenced to a suspended sentence of one year by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) or a violation of the Road Traffic Act, and on June 4, 2015, the same court was sentenced to six months as a crime of violation of the Road Traffic Act and the judgment became final and conclusive on June 4, 2015, and the suspended sentence becomes null and void as the judgment became final and conclusive, and the period of parole was paroled on September 30, 2016 and passed on December 4, 2016.

On June 17, 2018, the Defendant, around 14:42, 2018, 'D' operated by the Victim C in Gwangju Mine-gu, Gwangju Metropolitan City, which caused a gap in the victim's surveillance being neglected, placed in the display stand, was stolen by putting 4,400 won of the market price owned by the victim, into the main machine.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each photograph;

1. A criminal investigation report (related to attaching Kafin photographs and correcting the amount of damage), a criminal investigation report (related to photographing on-site CCTV images and attaching photographs and CDs);

1. A previous record of judgment: A inquiry report, investigation report (verification of repeated crimes and pending trial in the first instance court), each judgment, the current status of confinement of each individual, and the application of Acts and subordinate statutes of substantial facts to this court;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, committed the instant crime even though the Defendant was under repeated crime, and was under trial by assaulting this Court Decision 2018Kadan1071, which is advantageous to the Defendant, such as the fact that there is a history of punishment for the same kind of crime, the fact that the Defendant was unable to appear in the court without any justifiable reason, and that the circumstances after the commission of the crime are not good, such as the confession of the crime and the fact that the Defendant’s mistake are against the Defendant, following the agreement with the victim, the victim wanted the Defendant’s preference, and that the amount of theft damage is not much serious.

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