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(영문) 부산지방법원 서부지원 2020.06.04 2019고단2108

재물손괴

Text

A defendant shall be punished by imprisonment with prison labor for four 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

[criminal power] On August 22, 2019, the Defendant was sentenced to imprisonment with prison labor for special larceny in the branch court of the Busan District Court, and the judgment became final and conclusive on January 31, 2020.

1. On May 29, 2019, the Defendant destroyed the property owned by the victim by destroying the plastic server located in the front entrance of the newspaper, the market price of which is equivalent to KRW 12,000, by influent means, at around 12:31 on May 29, 2019, C was living together with the victim while the Defendant was working with C, who is his/her father and wife, who was his/her father and wife. On May 29, 2019, at around 12:31, 200, C was found as the victim’s house residing together with the victim.

2. On May 30, 2019, around 14:07, the Defendant found at the victim B’s house located in the re-motor vehicle No. 1 on May 30, 2019. Around 14:07, using a portable apartment fire extinguisher located in the victim’s corridor, distributed fire extinguishers via the victim’s door-to-door newspaper entrance. Around May 30, 2019, the Defendant used a portable apartment fire extinguisher located in the front corridor, thereby impairing the victim’s influence and utility of the floor of the living room in the front residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Explanation photographs about the input into the newspaper;

1. Photographss of CCTV images, on-site photographs, field photographs, and photographs of fire extinguisherss, etc.;

1. 112. List of reported cases;

1. On-site reports, etc. on results of conducting meals;

1. Response to the request for appraisal;

1. Investigation report (on-site CCTV-related investigation);

1. Investigation report (related to the detection of fire extinguisherss during on-site search);

1. Protection of the investigation (on the spot blood trace and the results of powdering);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (the final report of the case in the defendant A trial)-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendant committed the instant crime with the reason of sentencing under Article 62(1) of the Criminal Act.