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(영문) 광주지방법원 장흥지원 2015.01.29 2014고단196

재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On June 4, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for intimidation, etc. at the Suwon District Court on March 1, 2013, and completed the execution of the sentence in the prison of the North Korean defectors.

【Criminal Facts】

1. On September 7, 2014, around 16:40 on September 7, 2014, the Defendant invadedd the victim’s residence into the living room via the gate opened without the victim’s permission, via the victim’s house.

2. The Defendant caused the damage to property at the time and time, without any justifiable reason, damaged the shock network by emitting a 200,000 won of the market price owned by the victim installed in the cell door outside the house door of the said victim C, such as tearing.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. C’s legal statement;

1. On-site photographs and photographs;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of personal identification and confinement, application of statutes of judgment;

1. Relevant Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, it is inevitable to sentence sentence because the nature of the crime and the normal circumstances after the crime are not good, even though it intrudes upon another person’s residence without justifiable reasons during the period of repeated crime for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and damages the property and denies the crime, etc.

However, in consideration of the fact that the crime of this case is not serious damage, etc., the sentence shall be determined as per the Disposition.