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(영문) 부산지방법원 2020.01.09 2019고단5538

재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On October 21, 2019, the Defendant: (a) destroyed the property damage by means of not knowing the entrance door of the first floor shower, the victim C in an amount equivalent to KRW 100,000,00 at the market price at which the correction was made, which was found to have been performed in the influence of drinking on the ship while under the influence of alcohol on the 21st floor B and 3rd floor; and (b) destroyed the utility of the second floor in such a way that the loss of the entrance door of the victim’s residence in an amount equivalent to KRW 10,00,00 in the market price, the victim’s second floor

2. The Defendant, who entered a residence, destroyed the entrance door of the victim C at the same time and place as described in the above 1.1, and intruded into the victim’s residence by entering the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the entrance damaged photographs and estimates;

1. Article 319 of the Criminal Act, Article 316 of the Criminal Act, and Article 366 of the Criminal Act (the point of causing property damage and the choice of imprisonment) concerning the crime;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include the following facts: (a) the accused has led to a confession of all crimes and has a depth of his mistake; (b) the extent of damage is relatively minor; and (c) the accused has not received a letter from the victim; and (d) there is no record of criminal punishment more than twice for the crimes related to violence, etc.