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(영문) 울산지방법원 2018.06.20 2017고단3275

특수재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 1, 2017, the Defendant: (a) sought from the victim B around 20:0, based on the fact that he/she used his/her partner money without prior permission in advance, and (b) opened several doors in front of the entrance, which is a dangerous object that was prepared in advance to not open a door in order to open the entrance, the Defendant destroyed and damaged one gate of the repair cost, and intruded the victim’s residence by putting the lock door in front of the entrance.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

1. Damage to a specific property that is subject to the relevant legal provisions and a specific property that is subject to the option of a punishment: Violation of a prison labor, Article 369 (1) and 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 3

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing guidelines [the range of recommended punishment] the area to be mitigated ( April to October) (the area to be mitigated specially) of Class 1 (Habitual, repeated crimes, special damage, etc.) for habitual, repeated crimes and special damage; no penalty is imposed;

2. On September 8, 2016, the Defendant, who was sentenced to a suspended sentence of six months for fraud at the Ulsan District Court, was sentenced to a suspended sentence of two years for a crime on September 20, 2016, and the said judgment became final and conclusive on September 20, 2016, and committing a crime again during the suspended sentence period, taking into account the following: (a) intrusion upon another person’s residence in a very dangerous manner; (b) informed that he/she was subject to a suspended sentence; and (c) made the person known of his/her whereabouts to be punished, the Defendant, who