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(영문) 의정부지방법원 2016.01.29 2015고단4671

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2015, the Defendant: (a) 09:40 on November 19, 2015, the Defendant: (b) Ma, the residence of the victim D (n, e.g., the spouse of the Defendant (n, 38 years old); (c) Ma, the victim’s snowing of the victim on the ground that the snow light of the victim would be bad; and (d) Ma, the Defendant 102 was able to talk with the victim’s arms and legs on his/her hand on his/her back.

Accordingly, the defendant assaulted the victim.

2. Damage to property;

A. On November 19, 2015, the Defendant: (a) claimed the date and time indicated in paragraph (1) at the place; (b) claimed the victim’s house; (c) removed the victim’s house; and (d) removed the victim’s house; and (c) removed the victim’s house with the window at the time and at the place; and (d) broken the victim’s glass hold in the amount of KRW 100,000 in the market price.

Accordingly, the defendant damaged the victim's property.

B. On November 27, 2015, the Defendant: (a) around November 27, 2015, on the ground that the victim did not open the entrance at the said place; (b) destroyed nine copies of the glass window owned by the victim in total at the market price of KRW 500,000,00,000 in front of the said house on the ground that the victim’s door was not opened at the said place; and (c) destroyed the wall and door door door door door door, etc., which was set up before the said house.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs and photographs of destruction, photographs of damage, and damaged photographs;

1. Application of statutes to a decision to take ad hoc measures and a notification of violations thereof;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime of this case, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment (including the fact that no agreement has been reached with the victim and the fact that each crime of this case has been committed in violation of ad hoc measures, etc.);

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 Code of the Suspension of Execution (which reflects the fact that one's mistake is recognized, and the victim commits the instant crime.