특수재물손괴
A defendant shall be punished by imprisonment for four 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.
Punishment of the crime
From around 19:50 on September 2, 2015 to 20:45 on the same day, the Defendant, at the victim D’s house located in Seo-gu, Seo-gu, Gwangju metropolitan building 207, opened siren two sirens (23 cm in length, 27 cm in length) the market price of which is an object at least 207 cm in the door and the digital painting equivalent to 200,000 won in the market price, and destroyed the said digital painting.
Accordingly, the defendant carried dangerous objects and damaged the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of victims in connection with the preparation of D;
1. A criminal investigation report on the dispatch of the site;
1. A damaged photograph;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
1. Article 369(1) and Article 366 of the Criminal Code for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. From April to October of the scope of the recommended sentence on the sentencing guidelines (the group of damaged crimes, habitually and repeated crimes, special damage, one type (Habitual, repeated crime, special damage, etc.), and the area of mitigation (the area of special mitigation is not subject to punishment);
2. In the past, the defendant has been punished several times due to the past violence, etc., and has the power to use violence against the female living together including the victim several times.
The Defendant committed the instant crime even during the period of protection observation by receiving an order to observe the protection as a protective order from the Seoul Family Court by inflicting injury on the victim.
However, in consideration of the fact that the defendant's mistake is divided, the victim is currently in a de facto marital relationship with the defendant, and lives together with the defendant after filing a marriage report in combination with his/her ruling, and appeals against the defendant, etc., the punishment shall be determined as per the order.