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(영문) 대전지방법원 2017.02.10 2016고단3305

특수재물손괴등

Text

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

Reasons

Punishment of the crime

1. In light of the fact that the Defendant was unable to discern things or make decisions due to alcohol dependence symptoms, the Defendant destroyed the victim D’s house at around 16:30 on October 1, 2016, the Defendant: (a) at the residence of the victim D (M, 73 years old); (b) at around 303:30, the victim D (M, 73 years old); (c) while under the influence of alcohol, the Defendant was able to see that the victim’s house was unfrighted and the young female in the house was shot and sound; and (d) using the Domatic and concrete reporting block, the Defendant destroyed the victim’s fluorial reading book at the market price, which is a dangerous object.

2. In light of the lack of the ability to discern things or make decisions due to alcohol dependence, the Defendant infringed upon his/her residence at the places indicated in paragraph 1 around October 1, 2016, when the said victim was drunk by using a cresh in the house at the time of diving and without any justifiable reason, the Defendant opened open windows inside the corridor of the said residence and intruded on the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the victim's statement prepared in D;

1. Application of video-related Acts and subordinate statutes to residential intrusion site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 319(1) of the Criminal Act, and Article 319(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the purpose of concurrent crimes [Article 38 (1) 2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Inasmuch as a person committed the crime of this case by drinking, he/she shall be held liable, but shall not be accepted in light of the defendant's behavior and mental appraisal result before and after the crime

Recognizing the factual basis of sentencing, the risk of the instant crime, and the fact that the instant crime is committed during the suspension period of protection observation.