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(영문) 대구지방법원 서부지원 2020.04.02 2019고단1631

특수재물손괴

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 1, 2019, around 13:02 on April 1, 2019, the Defendant: (a) destroyed the victim’s warehouse board wall owned by her husband D, a dangerous object due to the victim’s failure to leave the warehouse on the road of the victim C’s access road located in Seongbuk-gun, Seongbuk-gun, North Korea, to obstruct the Defendant’s access road by leaving the warehouse on the house access road; and (b) opened the trademark board wall owned by the victim three times back on the left side of loading; (c) opened the trademark board wall on three occasions; and (d) on the same day, the Defendant reported the damage to the warehouse at the same place as above at around 15:30 on the ground that the victim reported it to the police on the damage to the warehouse; and (d) opened the trademark board by taking four dangerous parts of the victim’s warehouse board on four occasions.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. On April 27, 2019, around 09:05, around April 27, 2019, the Defendant: (a) destroyed a vehicle, which is a dangerous object in the same manner as described in paragraph (1), by taking back a vehicle, on the ground that the storage installed by the victim was not removed at the same place as described in paragraph (1) at the same time as described in paragraph (1); and (b) making the warehouse board wall owned by the victim fall off three times; and (c)

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to report internal investigation (the sequence 4, 6, 7, 8, 10, 14, 18, 19 of evidence list);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is not good, and the defendant has a record of being punished for the same victim as the crime of injury, damage to property, etc.

However, the defendant makes a confession of the crime of this case.