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(영문) 수원지방법원 여주지원 2016.01.12 2015고단604

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who was a tenant of the victim C(Y, 71 years old), and the victim did not pay a rent to the defendant, and subsequently won a suit against the defendant and forced execution against the defendant. However, the victim was threatened several times by the defendant, and the victim was installed CCTV in preparation for the around the victim's house located in Gyeonggi-gun D.

On May 21, 2015, the Defendant destroyed CCTV equivalent to KRW 150,00,00 at the market price owned by the victim, such as microfacing and cutting the electric lines connected to the above CCTV, which is the victim, at the end of the victim's house located in Gyeonggi-si D, by hand, and destroying the CCTV in the amount of KRW 1,50,00,000 at the expense of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint;

1. The application of Acts and subordinate statutes to investigation reports (investigation into the submission of written estimates);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is that the Defendant, even in the past, has committed a crime of intimidation, damage to property, etc. against the victims and their families, and did not endeavor to recover from damage, etc.; however, a sentence is determined as ordered by taking into account the favorable circumstances, such as the Defendant’s criminal intent, and the fact that he/she is raising young children, etc., and the execution of the above imprisonment is suspended, and the community service order is added to prevent recidivism, etc.