beta
(영문) 서울북부지방법원 2018.08.16 2018고단2593

특수재물손괴등

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2018, at around 21:00, the Defendant damaged the victim’s house glass window (190,000 won at the market price) by taking three pages of bricks (10cm wide x 25cm wide x 25cm), which are dangerous objects in the vicinity, when the victim was refused to request the distribution of the share of the land owned by the deceased victim C, the Defendant, who was at the disposal of the Defendant’s building located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to remove the victim’s house glass room (190,00 won at the market price).

2. On June 14, 2018, after the date and time specified in paragraph 1, the Defendant re-explosive at the places specified in paragraph 1, around 06:00, and took place in front of the front door door door, and waiting to leave the front door of C (72 tax) and the victim E (68 years old) who is the Defendant’s ar (le, 68 years old). However, the Defendant was waiting to leave the front door of C and the victim E opened and out the front door, and on the same ground as in paragraph 1 of the defect of 112 report, “the inside door ring the front door at this time.”

The knife will knife the knife.

And this house will also be discarded.

The phrase “A” and the victim E were threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared in C;

1. Investigation report (victim E-Punishment intention);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 283(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. Scope of the recommended sentences according to the sentencing criteria;

A. The basic area (from February to 1 year) of the first type of intimidation (in the case of violence) (in the case of intimidation), the basic area (in the case of general intimidation) of the first class (in the case of violence) (in the case of a person having no special sentencing)

B. Type 1 (Habitual, repeated, and special damage) (Habitual, repeated, and special damage, etc.) in the mitigation area (4 months to 10 months) (special mitigation person) (special mitigation person) is not subject to punishment (special mitigation person) (special mitigation person).