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(영문) 수원지방법원 2019.07.04 2018고단6555
절도등
Text

A defendant shall be punished by imprisonment for not less than two months.

Of the facts charged in the instant case, the charge of larceny is acquitted.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a special injury, etc. at the Suwon District Court on September 8, 2016, and completed the execution of the sentence in a wooden prison on January 2, 2018. On January 25, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual special violence) at Seoul High Court on January 25, 2019, and confirmed on February 2, 2019.

【Criminal Facts】

At around 17:45 on May 19, 2018, the Defendant damaged the D Tourist Guidance Center managed by the Victim C in Suwon-si B by setting the locking device to prepare performances inside the facility, thereby shaking the door by hand, without any glass door, and by walking the glass door, the Defendant damaged the glass door to the extent of approximately KRW 198,00 of the repair cost of the car.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. 112 reported statements;

1. Report on internal investigation (the CCTV investigation (the detection of a suspect) and investigation report (the amount of damage checks) around the site;

1. On-site photographs taken by the police officers dispatched to the scene and photographs of damaged articles;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and the application of Acts and subordinate statutes;

1. Article 366 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The portion not guilty, such as the following facts: (a) the first sentence of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes have been punished several times; (b) the crime of this case has been committed during the period of repeated crimes; (c) the damage has not been recovered; (d) the violation of the Act on the Punishment of Violences, etc. (Habitual Special Violence) and the violation of the Act on the Punishment of Violences, etc. (Habitual Special Violence) should be considered simultaneously

1. The summary of the facts charged (related to the 2018 Highest 6555) is the market price owned by the victim E, who is equipped with corrective devices at the center of the Information Center of the Park Station located in the Suwon-gu, Suwon-si, Suwon-si, Suwon-si, 2018.

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