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(영문) 청주지방법원 2019.05.22 2019고단259

재물손괴

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim B(n, 39 years of age).

1. On December 9, 2018, the Defendant: around 09:20, the Cheongju-si C apartment Defendant and the victim’s residence are suspected of drinking another male within the residence of the victim; and, in order to prevent the victim from reporting 112, the Defendant destroyed the victim’s cell phone in his/her hand, thereby damaging the repair cost of KRW 220,00.

2. On December 9, 2018, on the ground that the victim does not open the door before the front door of the above residence, the Defendant damaged the victim’s digital fishing village in an amount equivalent to KRW 100,000,00 and the market value of reading centers equivalent to KRW 10,00,00 in the market value.

3. At around December 18:25, 2018, the Defendant destroyed by cutting off the glass windows equivalent to KRW 30,000,00 of the market price of the Defendant and the victim’s joint ownership, on the ground that the victim does not open the door in the front corridor of the above residence.

Summary of Evidence

1. Defendant's legal statement;

1. The second police statement concerning B;

1. Application of the Acts and subordinate statutes to the damaged digital shot or shoulder glass photography;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of 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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. From one month to four years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Six months of imprisonment with prison labor for a decision of sentence and two years of suspended sentence: A favorable condition in which the victim has a record of being subject to a family protective disposition due to assault against the same victim: The defendant's age, character and behavior, environment, motive for the crime, circumstances before and after the crime, etc. shall be determined as the same as the disposition, in comprehensive consideration of the defendant'