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(영문) 창원지방법원 통영지원 2016.11.17 2016고단1049

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. After having become aware of the fact that the husband C, who is his husband, is living together with E, who is his husband, the victim D, he thought that the above C and E are living together with the victim's house in F at the time of his death.

Thus, the defendant found the above victim's house on January 10, 2016, and entered the above house through the laundry window that had not been corrected and exceeded the wall, and returned to the living room, bank, bank, sports room, etc. of the above house.

Accordingly, the defendant invadedd the victim's residence.

2. As described in Paragraph 1, the Defendant affected the victim’s house, and crypted on the wall of the washing room, iron gate, external wall wall, physical room, etc. of the said house in green scryman, etc., such as “the price to be teared, the width of which is to be reduced evenly,” and crypted with wires such as the knife, TV, television, water purifiers, hot water sheet, and hot water sheet, etc. on the floor.

Accordingly, the defendant damaged the property owned by the victim so that the amount of 15,390,50 won is equal to the repair cost, such as the replacement of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. On-site photographs and site photographs of the case;

1. Full certificate of registered matters;

1. Written estimate of construction;

1. Application of the Acts and subordinate statutes to capture CCTVV images;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing criteria;

(a) Class 1 (Crime of Destruction and Damage of Property) (Scope of Recommendation) basic area (4 to 10 months) (no person specially punished);

(b) Second offense: No sentencing criteria are set;

(c) the scope of the recommended sentence following the increase of multiple offenses.