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(영문) 대구지방법원 2017.11.30 2017고단5817

재물손괴등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2017, the Defendant divorced from the Victim B (V, 44 years old).

1. On August 22, 2017, the Defendant: (a) reported to the police by the injured party on the ground that he abused the injured party in Daegu Dong-gu, Daegu-gu, 2017; (b) he returned to the police; and (c) the Defendant returned to the said residence; and (d) opened the door above the gate; and (c) damaged the victim’s house by making the stones located around the victim’s living room door up to the victim’s living room; and (d) by having the victim wear the windows equivalent to KRW 200,00,000 at the market price owned by the victim.

2. On August 28, 2017, the Defendant was ordered to immediately leave the victim’s residence from the Daegu District Court around Daegu District Court and immediately leave the victim’s residence, and to temporarily protect the victim’s residence and to prohibit access within 100 meters from the victim’s residence and workplace.

Nevertheless, the Defendant entered the residence of the victim in Daegu Dong-gu, Daegu-gu, on September 21, 2017, and violated the provisional protection order by re-entry the victim's residence on September 25, 2017.

Accordingly, the defendant received an ad hoc protection order and did not comply with it more than twice in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of damage B;

1. Reports on internal accidents;

1. Windows, photographs, etc. of the damaged property;

1. Application of Acts and subordinate statutes of an ad hoc protection order;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 63 (1) 2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (the fact that an order of provisional protection is not issued);

1. Selection of each sentence 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection was that the defendant tried to enter the residence of the divorced victim without permission, and the property was damaged by destroying the windows of the living room in the above residence in the process.