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(영문) 의정부지방법원 고양지원 2017.10.13 2017고단1894

재물손괴등

Text

A defendant shall be punished by imprisonment for four 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

1. On April 14, 2017, the Defendant damaged the entrance door locks to cover KRW 290,000 for repair costs by having the 102-dong 102-dong 102-dong 103 of the Victim C’s residential entrance door locks (locked) of the victim C, which was located in Gyeyang-gu Dayang-gu B apartment 102-dong 903, remove and remove the two keys.

2. On April 14, 2017, the Defendant: (a) opened a door of a DNA spke vehicle owned by the victim and confirmed the black chips installed inside the vehicle, using a vehicle auxiliary key found in the victim C’s dwelling inside and outside of the residence; and (b) confirmed the black chips inside the vehicle.

Search was conducted, such as copying a file.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Photographs of the entrance, a photograph of destruction, a quotation, or a black stuffed photograph;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the Register of Motor Vehicle Registration);

1. Relevant Article 366 of the Criminal Act and Article 321 of the Criminal Act concerning facts constituting an offense (the point of destroying property and the choice of imprisonment) and Article 321 of the Criminal Act;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is an unfavorable circumstance to the defendant, because the defendant destroyed the entrance door door against the victim's will in order to obtain favorable data in the divorce lawsuit, and searched the vehicle owned by the victim, and the crime is not good.

On the other hand, it is favorable for the defendant to recognize all of the crimes in this case and reflects his mistake, and it is the primary offender who has no particular criminal record until now.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.