beta
(영문) 창원지방법원 2019.05.17 2019고단316

절도등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2019, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment at the Changwon District Court on February 15, 201, and the said judgment became final and conclusive on February 22, 2019.

【Criminal Facts】

1. On January 24, 2019, the Defendant: (a) around 11:00, the Defendant damaged the victim C (n, 62 years of age)’s house in a relationship between the Defendant and the Defendant in an internal combustion-related relationship (n, f2 years of age). In order for the Defendant under the influence of alcohol to keep the Defendant from exercising violence, the Defendant was unable to open the entrance door so that he would not open it; (b) by walking the front door through a blue door, walking the front door and blue door, thereby damaging the front door glass of an amount equivalent to KRW 40,00 in the market price.

2. 특수폭행 피고인은 제1항 기재 일시 및 장소에서, 제1항 기재와 같이 현관문을 손괴한 후 방안으로 들어간 다음, 방안에 있던 피해자에게 “너거 신랑이 그렇게 대단한 사람이가”라고 소리치며 부엌에 있던 위험한 물건인 과도(칼날 9cm, 손잡이 10.5cm)를 손에 들고 피해자를 내려 찍을 듯이 위협하고, 계속하여 과도를 손에 쥔 채로 주먹으로 피해자의 얼굴을 2회 때리고, 발로 피해자의 가슴부위를 3차례 때려 폭행하였다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

3. The Defendant cut down KRW 1,565,00 in cash out of the victim’s house where the victim had assaulted, such as the statement in paragraph 2, out of the victim’s house where he had escaped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Records of seizure and the list of seizure;

1. On-site photographs, suspect grandchildrens, brailles, and photographs;

1. Investigation report (limited to criminal behavior tools and photographs of damaged articles), investigation report (limited to confirmation of the degree of damage);

1. Previous convictions in the judgment: Criminal history records (A), one copy of the judgment of 2018 Highest 3311, and one copy of the summary information inquiry (date of confirmation) of 2018 Highest 3311.

참조조문