beta
(영문) 광주지방법원 2021.01.21 2020고단5863

특수재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Damage to special property;

A. On October 11, 2020, at around 02:10, the Defendant: (a) called “D” by the victim C on the third floor of the building in Gwangju Mine-gu, Gwangju, for the first time to talk with the victim; and (b) the Defendant did not receive any communication from the victim; (c) on the first floor parking lot of the building, the Defendant ran off the vehicle on the first floor, which is owned by the victim and parked at the same time, and cut off the glass and the driver’s seat glass before and after the driver’s seat; and (d) make ex officio correction of the said vehicle by excluding the value added by the repair cost 7,200,732 won.

It has been damaged to be reasonable.

B. On October 11, 2020, around 02:52 around 02:52, the Defendant destroyed the vehicle, and then then dried up to the singinging door, which is a dangerous object (50cm in width, 40cm in length, 50cm in length), and then, damaged the entrance by 300,000 won in repair cost.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

2. On October 11, 2020, the Defendant infringed on a structure, and attempted to open a door in the above place on the following occasions: (a) the Defendant forced the central entrance to leave the door, and went into a singing room managed by the said victim.

Accordingly, the defendant invadedd on the building managed by the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site reports (related to on-site verification) and internal investigation reports (CCTV);

1. 112 A list of reported cases;

1. Written estimate (entry), written estimate (E), and written estimate of repair costs;

1. Application of Acts and subordinate statutes concerning photographs and vehicle photographs;

1. Relevant legal provisions of the Criminal Act and Articles 369(1), 366 of the Criminal Act (a point of destruction of special property), Article 319(1) of the Criminal Act (a point of intrusion on buildings) concerning facts constituting an offense; choice of imprisonment;

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. Suspension of execution;