beta
(영문) 대전지방법원 천안지원 2015.08.13 2015고단1038

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

(b)To reduce the amount of repair costs by falling off the locked gate from the locked gate without opening the door, even though the victim has sound, it was damaged.

B. The Defendant destroyed the gate at the time, time, and place specified in the above “A” clause, and opened the gate against the intent of the said victim and intruded upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes of a written injury diagnosis;

1. Articles 5-10 (1) and 350, 257 (1), 319 (1), and 366 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Punishment of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Concurrent Crimes of Assault and Bodily Harm in the Market and Punishment)

1. Imprisonment with prison labor for choice of punishment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes * The relationship between the crime of intrusion upon residence, the crime of destruction and the crime of concurrent crimes, the sentencing criteria of which are not set, and the crime including the crime of regular concurrent crimes. The following information shall be referred to: The first crime (the scope of recommendations for violence) is the basic area (including two to ten months), the first type of crime (including special violence) (including serious efforts to recover damage), the basic area (including two to one month), the first type of crime (including special mitigation), or the case where the driver of a motor vehicle in operation has abused the driver of a motor vehicle (the scope of recommendations) / [the scope of recommendations] the second type of crime (including serious effort to recover damage) / The case where the driver of a motor vehicle in operation has been tried / The case where the driver of a motor vehicle in question has been sentenced to mitigation of punishment for not less than three thousand won (one to one million won)] and the case where the victim has been sentenced to imprisonment for not less than one year last two years (one year).