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(영문) 부산지방법원 2017.06.15 2017고단568

특수재물손괴등

Text

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

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

Reasons

Punishment of the crime

The Defendant was willing to intrude into the office of the victim and damage things owned by the victim on the ground that the Defendant did not repay the money 53 years of loan to the victim B (53).

1. On December 6, 2016, at around 15:45, the Defendant violated his/her residence, and at the residence and office of the victim of the C building 402, Busan Dong-gu, Busan, the Defendant: (a) laid down and damaged the lock gate, which is corrected by hand, and opened and intruded the door.

Accordingly, the defendant infringed upon another person's residence.

2. The Defendant destroyed the property equivalent to KRW 2,15,00 in total, including a single cooling house with the market price of KRW 300,000, the market price of which is equivalent to KRW 300,000, and a 12 gambling house with the market price of KRW 70,000, by means of impairing the victim’s residence at the above date, at the above place and at the above place, and raising the boom at hand.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of the police;

1. Application of on-site photographs and criminal implements Acts and subordinate statutes;

1. Article 369 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act (a point of destruction of special property) of the same Act and Article 319 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] Habitual, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) in the basic area (from August to January 6) (no person subject to special sentencing) / [the decision subject to sentencing] / The crime of intrusion upon residence is not set in the sentencing guidelines. Thus, the above crime is determined as identical to the above sentencing guidelines, but only the lower limit of the recommended sentence shall be set.

The fact that the defendant has no record of crime, that the defendant recognized the fact of crime, and the defendant appears to reflect it, and other cases.