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(영문) 서울남부지방법원 2020.10.23 2020고단3850

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

Reasons

Punishment of the crime

On June 23, 2020, the Defendant, on June 23, 2020, discarded the kimchi franchis owned by the victim C (ma, 65 years of age) who was kept in the cooling house B in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and discarded it into the garbage tank, and damaged the property equivalent to the amount of money that can not be known by taking away the sponed fish spores, spokes, and pots, which were contained in vinyl, into the bottom.

The Defendant is a person who works as a welfare center well-beingor, and resides in a public notice board such as the victim C (the age of 64).

On July 16, 2020, at around 23:10 on the fourth floor of the Yangcheon-gu Seoul Metropolitan Government building, the Defendant was able to impose a fine on the victim due to the damage of the victim's reflector during the period of time. However, the Defendant was able to walk the door in a way that is a dangerous object (20 cm in total length, 10 cm in the blade length) in the near future of the victim's dwelling, and threatened the victim with the sound "Cunchora".

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

[200 Highest 3850]

1. Defendant's legal statement;

1. On-site photographs of C’s written statement (2020 order430);

1. Defendant's legal statement;

1. Protocols of seizure and seizure of the C’s written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The facts and arguments of this case, such as the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., are shown in the records and arguments, such as the fact that the crime is acknowledged and the defendant is not required to repeat the crime, the fact that there is no previous conviction of a fine exceeding the fine: the victim has not been used by the victim; and three times prior convictions concerning violence or property damage