beta
(영문) 의정부지방법원 2014.06.17 2014고단1434

재물손괴

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

The defendant is a person in a de facto marital relationship with a victim C (nive, 52 years of age).

On May 6, 2014, from around 02:40 to 03:10 on May 6, 2014 to around 03:0, the Defendant: (a) while under the influence of alcohol in front of the victim’s 701 (E) Dong Daba-dong D, the Defendant: (b) stated, “I will, without opening the door, die with the knife; (c) I will not open the door; (d) I will not open the door promptly; and (d) added a knife with a knife of the knife corresponding to KRW 280,00,00 at the market price owned by the victim.”

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Although the defendant's act of sentencing under Article 62 (1) of the Criminal Act is not good, the defendant's act of living together with the victim is not good, the victim is under confinement, there is a positive change in attitude after the defendant was released in a proper manner. The crime of this case is committed contingent, and the defendant has no record of punishment heavier than the suspended execution, and the defendant is able to lead a life as a sincere member of society in good faith while working on the new household delivery day. In full view of the above circumstances, it is reasonable to prevent recidivism by sentence of suspended execution against the defendant.

In addition, all other circumstances, such as the age, character, conduct and environment of the defendant, the background and motive leading to the crime of this case, and the circumstances before and after the crime of this case, which are conditions for sentencing as shown in the records and arguments, shall be determined as ordered.