Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On January 4, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on May 12, 2019, and the judgment was released on May 12, 2019, and the execution of the said punishment became final and conclusive on June 27, 2019.
【Criminal Facts】
around 03:56 on March 8, 2020, the Defendant: (a) infringed upon the instant apartment house of the Victim C, which was unlocked, through a bend window of the said apartment house; and (b) cut off with one cash 2,500 won owned jointly by the Victim C and the Victim D, and one Samsungphone, the market price of which is 100,000 won owned by the Victim D.
around 06:00 on August 2, 2020, the Defendant assaulted the victim by brupting the victim’s head and part of the victim’s head and part of the victim’s boom at the center of “F” located in Mapo-gu Seoul, Mapo-gu, Seoul, about 06:0 on August 2, 2020.
Summary of Evidence
【Criminal Power】
1. An inquiry report on criminal records, etc., and an investigation report (recidion and confirmation) [Criminal Facts]
1. Defendant's legal statement;
1. A report on internal investigation (for the other party investigation into the victim’s telephone), a report on the investigation (for the on-site CCTV image verification), and -CCTV photograph attached thereto;
1. The report of investigation (the details of the damage and the amount of damage), the report of investigation (the hearing of the victim's telephone) (the statement of the police concerning the defendant's legal statement G in the 2020 Highest 6986);
1. Each internal report (related to the verification ofCCTV image) in the G, H, and I’s respective written statements and attached documents - the application of the Act and subordinate statutes to the closure data ofCCTV image (suspect Assaults).
1. Relevant Article 330 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with prison labor) that apply to the crime;
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 applicable sentences under law: Imprisonment for one month to twenty-four years;