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A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case, theft and ancillary charges are the primary charges.
Reasons
Punishment of the crime
On December 18, 2008, the Defendant sentenced the Busan District Court to three years and six months of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on March 25, 2012.
1. On May 29, 2012, around 22:25, the Defendant: (a) performed the victim C (years 65) and drinking alcohol in the part of the Busan-dong, Busan-dong-dong-dong-si, and (b) performed drinking alcohol to approximately three times in the face of the victim; and (c) made it impossible for the victim to know the number of days of treatment.
2. On May 28, 2012, around 04:20 on May 28, 2012, the Defendant drinking alcoholic beverages together to the victim D (the age of 40) who was drinking alcoholic beverages at the Busan Dong-dong, Busan, and drinking alcoholic beverages at the Busan, “Acady”, and the victim’s face and chest side were tightly hicked, and the victim’s face and chest side were hicked on several occasions, so that the victim’s number of treatment can not be known.
Summary of Evidence
1. The defendant's partial statement in court (the third trial date);
1. The defendant's partial statement in the first protocol of trial;
1. A witness E legal statement;
1. Some of the statements made by the prosecution against the accused in the protocol of suspect interrogation (No. 2012 high-ranking 4290);
1. Statement of D police statement;
1. A criminal investigation report (including photographs of pages 14, attached to investigation records, No. 2012 high group 5429);
1. Damage photographs;
1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (the confirmation of the same criminal records, the release of suspects, whether repeated crimes are repeated, and the case under trial, etc.);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the part not guilty under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;
1. Judgment on the primary facts charged
A. On May 29, 2012, the Defendant: (a) around 22:25 on May 29, 2012, the summary of the facts charged was to bring the victim C(65 years of age) and alcohol to the part of the plaza of the Busan East-dong, Busan-dong; (b) while drinking the victim C(65 years of age) in the part of the plaza of the Busan-dong, the Defendant would bring the victim’s red