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(영문) 창원지방법원 진주지원 2020.06.10 2020고단347

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (math, 64 years old), and is the father of the victim C (math, 37 years old).

Victim D(man, 40 years old) is the husband of C.

1. On January 13, 2020, the Defendant: (a) caused the destruction of and damage to property to the Defendant’s residence located in Jinju-si; (b) caused the Defendant’s refusal to send photographs of the business operator registration certificate to the Defendant; and (c) caused the Victim C and the Victim D’s joint ownership of the market price to be tightly represented by the Defendant.

Accordingly, the defendant damaged the unrefluence of the market price, which is the joint ownership of the victims.

2. 특수폭행 피고인은 제1항 일시, 장소에서, 제1항과 같은 이유로 화가 나 위험한 물건인 나무로 된 식탁의자를 피해자 B을 향하여 휘두르고, 발로 피해자의 다리를 찼으며, 손으로 피해자의 얼굴을 수 회 때렸다.

Accordingly, the defendant, carrying a dangerous object, and assaulted the victim.

3. Around 03:00 on January 14, 2020, the Defendant: (a) entered the victim’s body with a room where the victim was satisfed; (b) laid down the victim’s body; and (c) assaulted the victim by satfing sating the victim’s satch; and (d) satching the victim’s body.

4. Around 09:40 on January 14, 2020, the Defendant: (a) was operating “G” operated by the victim B in Jinju-si; (b) the victim refused to make his request on the preceding day; and (c) caused the damage by the loss, which is a dangerous object, to be removed from the lock locking system of the entrance in the market price owned by the victim.

In this respect, the defendant carried a dangerous article, and damaged the lock locking system of the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes of the list of seizure records, the list of seizure, each photograph (Evidence Nos. 4, 9), and 112 reported cases;

1. Relevant Article 366 of the Criminal Act concerning the crime and Article 366 of the Criminal Act concerning the choice of punishment (the point of causing destruction and damage).

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