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(영문) 창원지방법원 2020.11.27 2020고단3231

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. Around 18:00 on August 7, 2020, the Defendant: (a) at the place of residence of the victim C (manam, 53 years old); (b) at the place of residence of the victim C (manam, 53 years old); (c) at the home of the victim, who was aware of the victim while under the influence of alcohol, opened a door to find out the victim’s house in order to look at the victim’s house; but (d) at the place of residence, in order to confirm whether the victim was the victim, the Defendant destroyed the door door door (a 80cm, length 1m) equivalent to KRW 30,00 at the market price owned by the victim, by drinking, to see whether the victim was the victim.

2. The Defendant, upon entering a residence, opened a knife door by inserting the hand through the glass door destroyed at the time, time, and place specified in paragraph (1), and invaded upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. C Application of Acts and subordinate statutes reporting internal investigation, such as field photographs, etc. of police statements;

1. Relevant Articles of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is the relationship between the defendant and the victim who is prone, and the victim does not want punishment against the defendant due to such relationship, but the defendant has approximately 50 criminal records, including the same criminal records.

Considering these criminal records, the sentence of probation is imposed to the defendant, and probation is also ordered to prevent similar recidivism.