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(영문) 서울남부지방법원 2021.01.27 2020고단5206

특수재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

1. In case of damage to property and intrusion upon residence, the Defendant and the victim B (the age of 51) were the same relationship with the past;

On July 20, 2020, at around 22:00, the Defendant requested the victim to inform the victim of the front line of the victim's house located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, by phoneing the victim, but the victim failed to comply with the request, and the key repair hole D was sprinked with "the houser and the houser were spacked with the houser."

In the request of ".. to open the door", D has D knife the upper part of the knife and open it, and entered into the victim's house.

Accordingly, the defendant damaged the fluor's fluor's fluor, where the market price on the victim's own is unknown, and infringed on the victim'

2. The Defendant, at the time and place indicated in the above 1.1. At the time and place, displayed the kitchen knife ( approximately 29cm in total length, approximately 17cm in length), which is a dangerous object in the kitchen, at the location of the above 1.1. At the time and place, displayed the kitchen knife at the location of the victim’s market price equivalent to KRW 30,000,000 in total.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

3. On July 21, 2020, at around 00:07, the Defendant illegally used a motor vehicle, with the intent to allow the victim to make a telephone to himself/herself, he/she arbitrarily driven the BMW motor vehicle owned by the victim at the parking lot to the mutual influence near the Bupyeong-gu, Incheon, and returned the said motor vehicle to the above place on the following day on the following day.

Accordingly, the defendant used the victim's automobile temporarily without the victim's consent.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against B, F, and D;

1. Each internal investigation report and investigation report;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, Article 366 of the Criminal Act concerning the choice of punishment (the point of damage to property), and Article 369 of the Criminal Act.