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(영문) 서울북부지방법원 2020.05.27 2020고단1234

재물손괴등

Text

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

Reasons

Punishment of the crime

[criminal power] On March 10, 2017, the Defendant was sentenced to one year and two months of imprisonment by the Seoul Northern District Court due to the crime of property damage, etc., and completed the execution of the sentence in the Jeonju prison on February 1, 2018.

【Criminal Facts】

1. Around 14:00 on March 25, 2020, the Defendant destroyed a 60,000 front of the victim C (n, 62 years of age) located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and the second floor, thereby damaging the victim’s studio glass by spreading the conversation of the victim’s studio glass, thereby damaging the victim’s market price of 60,000 won.

2. 폭행 및 주거침입 피고인은 제1항 기재 일시, 장소에서 피해자 C과 집 안에 함께 있던 피해자 D(여, 63세)가 유리가 깨지는 소리에 놀라 현관문을 열자, “이 씨발년들아, 좆 같은 년들아, 꼼짝마”라고 소리치면서 팔꿈치로 피해자 D의 가슴 부위를 1회 밀쳐 폭행하고, 계속하여 열린 현관문을 통해 피해자 C의 주거지 주방까지 들어가 피해자 C의 주거에 침입하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written estimate for repair, such as a compilation photograph of the current door glass damaged;

1. Previous records of judgment: Confirmation of criminal records, personal confinement status, copies of the relevant decisions, and application of Acts and subordinate statutes to inquiry into criminal records;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, the crime of this case committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act refers to the defendant's act of infringing upon the dwelling of the owner of the house by walking the door of the adjoining house by walking the door of the entrance for the reason that the dialogue between the owner of the house and his relatives is slick, and the head of the house with the house in the direction of the string and the head of the house in the direction of the string.

Defendant’s crime.