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(영문) 인천지방법원 부천지원 2016.10.06 2016고단1925

재물손괴등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 28, 2016, at around 23:40 on May 28, 2016, the Defendant causing property damage: D apartment 104, 1404, and 1404, which are the victim C’s residence located in Bupyeong-si, D apartment 104, the Defendant, under the influence of alcohol, sent a sound to the effect that “the voice of the Graman Women’s Women’s Child-Friendly Gu was opened at the victim’s house, and is in the same manner as that of the denial,” and opened the entrance and the first class of the entrance of the 1404, which was drinking for about 20 minutes. The Defendant was accompanied by the parts below the first class.

Accordingly, the defendant damaged the property owned by the victim to be the repair cost.

2. At the time and place specified in paragraph (1), the Defendant was unable to check the Defendant’s continuous opening of the door, and the said victim entered the entrance door of the entrance to the entrance through the ward without the consent of the heater or the victim.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C (list 4, 6, 8);

1. The application of Acts and subordinate statutes to photographs (list 2);

1. Relevant laws and Articles 366 and 319 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the case where the circumstances of the defendant (i.e., confession, reflectivity, contingency crimes, and damage degree are relatively minor, and intrusion upon residence took place in the above place after receiving a report of the case where the police officers dispatched to the above place was damaged, and the degree of infringement upon the residential normal temperature is not so heavy. As such, the degree of infringement upon the residential normal temperature does not seem to be severe. Accordingly, the defendant's punishment is excessive and the defendant's age, character and behavior, living environment, and circumstances after the crime, etc. are considered together, and all of the sentencing factors in the