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(영문) 수원지방법원 안산지원 2018.04.18 2018고단502

재물손괴등

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 61) are about seven years in a de facto marital relationship.

1. On September 14, 2017, the Defendant: (a) around 20:10, the Defendant: (b) destroyed the property by exposing the wind of KRW 280,00 of the market price, which is the victim’s possession, installed on the front door, on the ground that, in front of the 101, 306 entrance of C apartment 101, the victim living together with the victim, the victim was suspected of avoiding the wind with other women; and (c) did not receive the Defendant’s telephone; and (d) caused the damage by continuously exposing the wind of KRW 90,00 at the market price, which is the victim’s possession in the house.

2. A special intimidation around 09:20 on September 15, 2017, the Defendant placed the kitchen knife (the total length: 20cc., knife: 13cm), which is a dangerous thing in the kitchen on the ground of the foregoing paragraph (1), in his hand, at the places indicated in the foregoing paragraph (1). The Defendant continued to read “the dead who died of weather by explosion and gas” as “the dead who died of weather by explosion” and “the knife the tape on the part of the victim,” and, at the same time, took an attitude of harming the body of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflection of the defendant, the absence of criminal records of the same kind or of the fine, the mental and medical treatment and the expression of intention to repent, and the fact that the victim does not want the punishment);

1. Protection observation;