특수재물손괴등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal records] On January 10, 2020, the Defendant was sentenced to six months of imprisonment by assault, etc. at the Incheon District Court, and completed the execution of the sentence on July 22, 2020.
[Criminal facts] The defendant is residing in the Ylung-gun B Studio C, and the victim D resides in the same studio E.
1. 특수 재물 손괴 피고인은 2020. 12. 12. 05:00 경 피해자의 주거지 인 위 원룸 E 호 앞에서 그동안 피해 자가 새벽에 시끄럽게 하였다는 이유로 화가 나 현관문을 발로 수 회 차고 위험한 물건인 야구 방망이로 수 차례 내리쳐 현관문을 움푹 패이게 하고 문에 설치된 시가 미상의 도어락을 깨뜨려 손괴하였다.
2. The Defendant, who intruded upon a special residence, destroyed the entrance by the aforementioned method at the time and place specified in paragraph 1, and then opened the entrance, and intruded into the view of the victim’s residence without the victim’s permission. The summary of the evidence was found to have been carried with the view to the view of the victim’s dwelling.
1. Statement by the defendant in court;
1. Investigation reports (on-site conditions, etc.) on the D's written statement, field photographs, etc.;
1. Previous conviction in judgment: A copy of judgment, inquiry about criminal history, and application of statutes;
1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of intrusion upon special residence), and Articles 369(1) and 366 of the Criminal Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. In light of the fact that the defendant was punished for the same crime for the reason of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code that aggravated concurrent crimes, and that the defendant repeats the crime even during the period of repeated crimes, the crime of the defendant is not less complicated.
However, the fact that the defendant shows both recognition of and reflects on the crime, the fact that the defendant has agreed with the victim as a result of efforts to recover damage, and all other circumstances that form conditions for sentencing, such as the background leading up to the crime, age, environment, and circumstances after the crime, etc.