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(영문) 춘천지방법원 원주지원 2013.11.28 2013고단658

재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 9, 2013, the Defendant: (a) found the victim’s family in the D Apartment No. 107 Dong 103, 107 Dong 103 on the same day from September 9, 2013, when he/she had a dispute with the female-friendly job offer victim C (n, 29 years of age) in the new wall No. 200; (b) on the same day, the Defendant found the victim’s family in the D Apartment No. 107 Dong 103, 200,

At around 09:50 on the same day, the defendant placed a door in the front of the above victim's residence, but the victim left the window of the victim's residence with a fire extinguisher who was in the apartment corridor that did not open the door, and damaged the window of the victim's residence and damaged the window of 200,000 won at the market price, and intruded the victim's residence with a strong window.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of causing damage to property, the choice of imprisonment), the choice of criminal punishment (the point of intrusion upon residence and the choice of imprisonment);

1. Of concurrent crimes, there are circumstances that may be favorable consideration to the defendant, such as: (a) the fact that the defendant committed a contingent crime at the end of the dispute with the victim who was a female-born woman; (b) the victim does not want the punishment of the defendant; and (c) the defendant reimburses the victim of the repair cost of the shoulder glass; and (d) the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

However, the Defendant committed the instant crime even after the judgment became final and conclusive on July 25, 2013, even if it had been under suspension of execution, by being sentenced to three times a fine for the same kind of crime, and in particular, the Defendant again committed the instant crime, even though he/she had been under suspension of execution, for the following reasons: (a) was sentenced to eight months from May 14, 2013 to a special larceny in the Chuncheon District Court's original branch branch; (b) was sentenced to imprisonment for eight months from July 17, 2013; and (c) was sentenced to a two-year suspension of execution, two-year probation, and one-time community service order for 160 hours from July 25, 2013.