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(영문) 수원지방법원 평택지원 2020.04.24 2020고단506
특정범죄가중처벌등에관한법률위반(절도)등
Text

A person shall be punished by imprisonment with prison labor for not less than one year and six months with prison labor for the crimes of No. 2 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant was sentenced to five months of imprisonment with prison labor for an attempted larceny in this court. On January 26, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 10, 2018, this court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On December 8, 2019, the Defendant completed the execution of the sentence in the horizontal Housing Site in the Suwon House House.

【Criminal Facts】

1. On February 13, 2020, the Defendant was sentenced to imprisonment three or more times with prison labor due to theft, etc., but was able to bring about a theft in the victim C’s detached house located in Pyeongtaek-si B on February 13, 2020, where the victim C was living in Pyeongtaek-si, and brought about a theft, which was 50,000 won of the market price installed at the ebbbbbbs following the said detached house, and brought about a loss in the victim’s ebsium, which was prepared in advance.

The Defendant was sentenced to imprisonment with prison labor for not less than one year and six months for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) on August 4, 2010, and the said judgment became final and conclusive on October 6, 2010.

【Criminal Facts】

2. 피고인은 2010. 5 .26. 13:00경 오산시 오산동에 있는 오산시민회관 근처 정자에서, 함께 노숙을 하는 피해자 D(54세)이 피고인 소유의 회칼(길이 약 50cm)을 숨겨놓았다는 이유로 화가 나 피해자에게 “니가 뭔데 칼을 감춰놨냐”라고 하면서 위험한 물건인 위 회칼로 피해자의 머리, 팔 부위를 수회 내리쳐 피해자에게 약 2주간의 치료를 요하는 두부와 좌측 상지부위 열상을 가하였다.

Summary of Evidence

"200 Highest 506"

1. Defendant's legal statement;

1. C’s statement;

1. CCTV photographs;

1. Previous convictions as indicated in the judgment: Criminal history records, probationary records, report on the results of confirmation of the previous dispositions, and prisoners’ search results “20 highest 569”;

1. Statement of D police statement;

1. Damage parts and on-site photographs;

1. A medical certificate;

1. Previous convictions as indicated in its judgment: Investigation reports (Inquiry of criminal records);

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