beta
(영문) 의정부지방법원 2018.05.01 2018고단778

특수재물손괴등

Text

A defendant shall be punished by imprisonment for nine months.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence for eight months of imprisonment with prison labor for a violation of the Narcotics Control Act at the District Court on September 12, 2016, and the said judgment became final and conclusive on the 20th of the same month, and is still under the suspended sentence.

Criminal facts

1. On February 26, 2018, the Defendant who damaged a special property came to possess a person who borrowed money from the victim E in the Government-Si of Gyeonggi-si on February 26, 2018.

I think that the opening of the door was changed, and the victim did not open the door, and then caused the damage to the sum of 750,000 won of the repair cost by knife (35 cm in length, about 13 cm in head of Do, about 13 cm in Dog, about 7 cm in Dog) which is a dangerous object prior to possession, and destroying the knife by making a digital locking device several times, opening the door and continuing to enter the door, making the toilet door and the door open several times.

2. Special residence intrusion Defendant destroyed a lock-out locker, which is a dangerous object, at the same time and place as above 1, and went into the victim E’s house and invaded upon the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Field photographs, etc.;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 369(1), Article 366 of the Criminal Act applicable to the facts constituting an offense (a point of destroying a special property, choice of imprisonment with prison labor), Articles 320 and 319(1) of the Criminal Act (a special intrusion upon a house);

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant, who is a dangerous object, intrudes the victim’s residence by attaching a door, and the Defendant is likely to commit a crime by driving away the victim from the toilet to the toilet.

The defendant has committed two times before and after violence, and has committed the instant crime during the suspension of execution.