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(영문) 대구지방법원 경주지원 2016.05.11 2015고단730

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Damage to special property;

A. On March 21, 2015, at around 17:27, the Defendant: (a) laid off the 1st floor of the building, which had been prepared in advance, with a view to “D main points” in the operation of the Victim C; (b) laid off the 3th floor of the building where the said drinking house is located; (c) laid off the drinking-house entrance and locks with the said network; (d) opened inside the said drinking house, laid down the drinking house, laid down the cooling door and locks; and (e) laid down the beer’s disease on the floor.

Accordingly, the defendant carried dangerous articles and destroyed the property managed by the injured party of the market value of KRW 1,040,000.

B. At the time of the date indicated in the preceding paragraph, the Defendant: (a) went to the second floor of the above building owned by the victim E; and (b) went to the 2nd floor door, lock, etc.

Accordingly, the defendant carried dangerous articles and damaged the victim's property amounting to KRW 550,00.

2. The Defendant, who intrudes upon a special residence, citing the time, time, and place described in paragraph 1(a) and destroyed the entrance, thereby entering the said drinking house for the operation of the victim C.

Accordingly, the defendant carried dangerous things and intruded on a structure managed by the injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Application of Acts and subordinate statutes on the field photographs and CCTV-cape photographs, appraisal reports, and estimates;

1. Relevant provisions of the Criminal Act and Articles 369(1), 366 of the Criminal Act concerning the facts constituting an offense, and Articles 369(1), 366 of the Criminal Act (a point of destroying special property, choice of imprisonment with prison labor), 320 and 319(1) of the Criminal Act (a point of intrusion upon special residence);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with regard to special property damage to victims C, the nature of the crime and the circumstances of which are the largest);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to seven years;

2. Application of the sentencing criteria;

(a) each special property damage (a type determination) destruction, habitual and repeated crimes, and special damage;