특수재물손괴
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 20, 2018, the defendant and the victim B shared consultations.
On December 2, 2018, at around 11:50 on December 11, 2018, the Defendant: (a) sought to enter the said house in order to bring the clothes of the Defendant to the 4th floor D of Dongdaemun-gu Seoul Building C; (b) however, the said house is unable to enter the said house, which is a dangerous object that was adjacent to the Defendant and the victim’s joint ownership; and (c) caused damage to the said house’s market price equivalent to 2.60,000 won.
Accordingly, the Defendant destroyed the property while carrying dangerous objects.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning B;
1. A report on internal investigation (as to the witness statement of a resident in E heading)
1. Application of the Acts and subordinate statutes to CCTV photographs, field photographs, etc., damaged photographs, and internal investigation reports (a form in which a witness A needs to care on the CCTV image);
1. Articles 369 (1) and 366 of the Criminal Act applicable to the crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where actual damage is insignificant in the mitigation area (1 to 8 months), the mitigated area (1 to 1 month, special damage, etc.) of the category 1 of repeated crimes, special damage and damage (1 to 10 months) (2) (3) of the suspended sentence (2) (3) of the Criminal Act, it is necessary to strictly punish the defendant in the order of his/her residence
However, the defendant's mistake is divided and does not repeat the same mistake. The residence of this case is jointly owned by the defendant and the victim, and since the victim alone occupied it and changed the entrance to prevent the defendant from entering the dwelling, the defendant's punishment shall be determined by considering the circumstance that the crime of this case is committed and some of the circumstances can be considered.