beta
(영문) 인천지방법원 2020.04.24 2020고단1145

특수재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 특수재물손괴 피고인은 2020. 1. 21. 22:45경 인천 미추홀구 B빌라 호 내에서 법률상 배우자인 피해자 C(여, 40세)와 육아문제로 언쟁 중 화가 나 현관 신발장 서랍 안에 보관 중이던 위험한 물건인 망치를 이용하여 피해자와 공유로 사용 중인 시가미상인 식기건조대, 전기밥솥 등 가전제품을 부숴 그 효용을 해하였다.

2. The Defendant assaulted the victim by breaking the vehicle smoking system and detailed system that had been kept in the front in the front in a time, at the same time, at a place as the above 1 paragraph (1).

3. Special intimidation: (a) the Defendant: (b) took a kitchen, which is a dangerous thing kept in the Washington, at the same time, at a place as in the foregoing paragraph 1; and (c) carried the kitchen knife ( approximately 35 cm in total length, approximately 20 cm in length); and (d) carried the victim as a way for the victim to “I live in her life, her son, her son;” and (d) threatened the victim with dangerous things, such as threatening the victim’s knife with knife, thereby threatening the victim or his children.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Certificates of seizure, records of seizure, the list of seizure, etc.;

1. Seized knives, knives photographs, and studios of household appliances;

1. Application of statutes governing field CCTV images;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 369(1) and 366 of the Criminal Act that choose the penalty, Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a 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 (The following extenuating circumstances among the reasons for sentencing);

1. A public prosecutor has sought the confiscation of a kitchen No. 1 which has been seized, but the victim, who is the owner, has voluntarily produced the kitchen no evidence to deem that he/she renounced his/her ownership, and there is no other reason.