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(영문) 창원지방법원 마산지원 2015.05.27 2015고단263

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

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

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

Reasons

Punishment of the crime

The defendant, as the victim C's children, lives in Gyeong-gun, Gyeongnam-gun, and the above house is owned by the defendant E, and managed by the victim. The defendant was dissatisfied with the complaint that the defendant does not harm the registration of ownership transfer under the name of the defendant.

1. On February 5, 2015, the Defendant, around 01:10 on February 5, 2015, destroyed the cell glass (a.e., 195cc., 195cc., 195cc., 190cc., 190cc.) and the inner glass (a.e., 115cc., 120cc., 120cm in length), which is a dangerous object on the ground that ownership is not transferred to himself/herself in the above house.

2. On March 25, 2015, at around 22:05 on March 25, 2015, the Defendant destroyed the Defendant’s glass window (180cm, lengthed 188cm, lengthed 188cm) attached to the Defendant’s room, which is a dangerous object by gathering it, on the ground that the Defendant was open to visit the Defendant, at a place as referred to in paragraph (1) and at the same time, on the grounds that the Defendant was allowed to open a locked out of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C and F prepared by the police;

1. Records of seizure and list of seizure prepared by the police;

1. A report on investigation (in cases of interview with a suspect and attachment of field photographs, on the suspect and the site photographs attached thereto);

1. A report on investigation (limited to a written estimate for damage) and a detailed statement of transactions attached thereto;

1. On-site reports (on-site photographs) and attached photographs of fireproofs and hedges;

1. A report on investigation, a written estimate attached thereto, and a written estimate attached thereto;

1. Application of Acts and subordinate statutes to family relation certificates and full registered matters;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 of the Criminal Act;

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

1. The confession and reflectability under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and the victim shall be the defendant.