beta
(영문) 의정부지방법원 2020.12.09 2020고단5337

재물손괴등

Text

A defendant shall be punished by imprisonment for a period of five 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

"200 Highest 5337"

1. On October 6, 2020, the Defendant: (a) destroyed the property by breaking the two rear border of the DMobage car, which is a joint owner, in the B apartment underground parking lot at Yangju-si, the Defendant: (b) destroyed the repair cost to KRW 719,600 by removing the two rear border of the DMobage car, which is a joint owner, in his hand.

2. Around 13:00 on October 6, 2020, the Defendant damaged the repair cost of KRW 1,550,000 on a bicycle, which is a dangerous object installed in front of the entrance, as the victim did not open the door in the above apartment E, the victim and the co-owned residence, and the victim did not open the door.

3. The Defendant: (a) entered the place of residence in the manner described in the preceding paragraph; and (b) the victim did not open a house; (c) made a knife (18.5 cm in length), which is a dangerous thing in the kitchen, and made a visit several times; and (d) made a serious threat by opening the door.

around 07:30 on October 6, 2020, the Defendant destroyed and damaged the 2020 large-scale 5469, by setting up the floor the co-ownership with the victim and the co-ownership of the co-owned electric co-ownerships, in the residential areas living together with the two cities B apartment E, and the wife C.

Summary of Evidence

"200 Highest 5337"

1. A written statement of the police statement C to the defendant's legal statement C, a field photo of the police, a vehicle photograph, and a list of reported cases;

1. The "Investigation Report (Attachment of Written Estimate), Written Estimate for Repair Expenses, and each Written Estimate" 2020, 5469;

1. A written statement of the defendant C in court;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for the crime, respectively;

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;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act has committed each of the crimes against the victim who is his spouse.

In particular, each.