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(영문) 제주지방법원 2017.07.13 2017고단118

특수재물손괴

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 25, 2016, around 07:40, the Defendant: (a) leased from the victim B to live together with C, who was living together with C, a female of the Defendant; (b) the Defendant, at the end of the above C, said C, was going to go back to the body, while having come to a dispute with each other due to the male problem of the above C; (c) however, the Defendant destroyed the above painting by changing the password of the digital painting set up in the front door and not opening the door, and then destroyed by the door, and the fire extinguisher, which is a dangerous object adjacent to the door, was removed by cutting off the 180,000 won of the repair cost, which is the victim’s ownership, to the extent equivalent to the amount of KRW 180,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs, such as a studio, finger, knicker, etc. damaged;

1. Photographs of the criminal suspect, such as fire extinguishers;

1. Application of Acts and subordinate statutes to investigation reports (a certified copy of building registry);

1. Articles 369 (1) and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (it shall be considered that a person repeats a crime even though he/she has been punished three times due to violence);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201>