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(영문) 서울북부지방법원 2016.04.20 2016고단658

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C (V, 45 years old) and from October 2015, who had been in the relationship of sexual intercourse from around 2015.

1. On February 26, 2016, the Defendant: (a) found the victim’s residence located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu D, and destroyed the victim’s telegraph, which was at the entrance of the entrance of the entrance of the entrance, by drinking a smoke, on the ground that the victim did not receive a telephone; and (b) destroyed the victim’s property worth a total of KRW 120,000,000 in the market price as auxiliary.

2. A special intimidation: (a) around 05:00 on February 27, 2016, the Defendant took a knife (13 cm in length and 25 cm in total) that is a dangerous thing in the air without any justifiable reason at the above location and brought the knife to the victim’s hand, etc. “I am knife due to the knife, and I am more than the crime of personal love.”

“Intimidating and threatening.”

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

3. The Defendant, who refused to leave on February 27, 2016, was diving at the above place on February 27, 2016, demanded the Defendant to leave, such as “the victim has to attend school even after leaving school,” but, even though the Defendant demanded the Defendant to leave, it is about to see who intends to do so.

“The victim expressed his/her desire,” and did not comply with the demand of the victim to leave the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report, on-site photograph;

1. Investigation report (the suspect's list of reported cases 112 persons failing to comply with intimidation and withdrawal), and the list of reported cases handled by 112;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation), Article 319 (2) of the Criminal Act (the point of refusing to withdraw), and each choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Legal provisions;