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(영문) 수원지방법원 성남지원 2016.06.10 2015고단2099

특수재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 7, 2015, around 23:30 on June 7, 2015, the Defendant found the house of the victim C (66 years old) located in Gwangju-si, Gyeonggi-do.

During his escape, the victim damaged the entrance door by breaking the glass door, which is a dangerous object to the locker, and then intruded the inside of the above house, and caused the victim's head twice by intrudeing the victim's head into the above house, and caused the victim's injury, such as the number of days of treatment, the number of days of treatment.

Accordingly, the defendant carried dangerous articles and damaged the victim's property, and invaded upon the victim's residence, thereby inflicting an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Article 319(1) of the Criminal Act (a point of intrusion upon residence), Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, and the choice of imprisonment (a number of records of violent crimes, etc.) for each crime;

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 Act on the stay of execution (Article 62 (1) of the Criminal Act (The following sentencing is clear in terms of favorable circumstances and social ties):

1. Protection and observation, and community service work, under Article 62-2 of the Criminal Act;

1. The applicant for the rejection of the application for compensation sought compensation of KRW 30 million from the Defendant’s criminal act, but the amount of damage is not specified and the scope of liability for compensation is not clear. Thus, the application for compensation of this case is dismissed in accordance with Article 25(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Reasons for sentencing

1. Scope of the recommended sentence;

(a) The scope of the recommended punishment for the crime of injury [the scope of the recommended punishment] general injury category 1 (general injury) (from April to January 6) basic area (no person in special sentencing is subject to special sentencing];

(b) Crimes of damaging special goods: Not setting the sentencing criteria; and

(c) Crimes of intrusion upon residence: Not setting the sentencing criteria;

(d) the recommendations in accordance with the standards for the handling of multiple offenses;