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(영문) 수원지방법원 안양지원 2016.07.01 2016고단858

특수재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2016, the Defendant damaged a special property by calling the victim before the entrance of the victim D, who is the mother of the Defendant in Ansan-si, who was the mother of the Defendant in the Gu C during the period of Ansan-si on May 15:0, 2016, for the Defendant’s request to “if the gate brings the key to it, because the gate is locked,” but the victim caused the defect, “I directly bring it to the center for senior citizens, which is a dangerous thing in the warehouse, and caused the damage by putting the unfluened hand of the market value.”

2. A special intimidation: (a) on May 27, 2016, the Defendant changed the victim F ( South, 32 years old) who had been disputed with the Defendant’s dog in the front of the front of the city of Ansan at the time of Ansan-si around 23:35, the Defendant changed the Defendant’s words “in the future,” and changed the knife (12cm in the length of 2.5cm, 12cm in the knife) with a knife, a dangerous object in the possession of knife, and changed the knife “h and knife” with the Defendant’s knife with the Defendant’s knife for landscaping (19cm in total length) with the Defendant’s knife and knife with the Defendant.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions 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 imprisonment for the crime, and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for confiscation [the scope of recommended sentence] crime group, habitual repeated crime group, special damage, type 1, mitigation area, and imprisonment with prison labor for April.