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(영문) 의정부지방법원 2020.04.29 2019고단4644

특수재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 20, 2019, between 23:00 and 04:00 on June 21, 2019, the Defendant: (a) attached to the victim’s cell phone (opphoneS) whose market price is equivalent to one million won due to the finger hand, which is a dangerous object, on the ground that the victim D (here, 39 years of age) in the relationship with the person in question, expressed that he/she would be hedging against the Defendant.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant: (a) taken a knife, which is a dangerous thing that was located in the house on the date, time, place, and on the grounds specified in paragraph (1), knife the victim’s hair and shoulder with a knife knife, etc.; (b) taken the knife into the victim’s face; and (c) taken the knife into consideration the victim’s knife with a knife, etc.; and (d) prevented the victim from taking the victim’s hand and knife with a transparent tape.

Accordingly, the defendant carried dangerous objects and arrested the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act and Articles 369 (1), 366 (Special Destruction and Damage, Selection of Imprisonment), and Articles 278 and 276 (1) of the Criminal Act (Special Arrest and Selection of Imprisonment) of the Criminal Act concerning criminal facts;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: In light of the method of the crime, such as: (a) the Defendant incidental to the cellular phone using his fingers; (b) the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife with tape; and (c) the crime of this case appears to have been flife knife with the victim

O favorable.