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(영문) 인천지방법원 2019.11.29 2019고단3541
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 31, 2019, the Defendant: (a) at the time of the Victim C (59 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun; (b) on the ground that the victim said that the victim would not employ the Defendant to another vessel owner; and (c) on the ground that the victim would not have employed the Defendant, the Defendant: (a) caused the damage to the property by walking the shock network installed in the victim’s house door; and (b) caused the damage of the market value, the market value of which is the victim’s ownership, by walking the shock network installed in the victim’s house door.

2. The Defendant threatened the victim by stating, at the time, at the time, at the time, place, and the victim’s house, that “the victim has been trying to spread his house” to the victim. As the kitchen knife the knife in the kitchen knife in which the kitchen knife was taken, the Defendant threatened the victim by saying, “the knife would knife the knife.”

3. Around 19:50 on January 31, 2019, the Defendant suffered special injury: (a) at the place specified in the foregoing paragraph (1) on the part of the victim; (b) on the charge that the victim committed the same crime as that specified in the foregoing paragraph, but the victim refused to do so; (c) the victim refused to do so; (d) at his/her hand, he/she laid down the part of the victim’s processed interest, which is a dangerous thing on the table (so far as 8.5 cm), and laid down the part of the victim’s processed interest at one time to the victim for about twenty (20) days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. The defendant's legal statement (the crime of intimidation on the fourth trial date in the case of intimidation);

1. Part of the witness C’s legal statement;

1. A written diagnosis of injury;

1. The photograph of damaged parts and the photograph of destroying property (the defendant and his defense counsel asserted to the effect that there was no intention of damaging the property as stated in the summary of the pleading submitted after the conclusion of the pleading, but according to the images of the witness C's legal statement and the photograph of the damaged property, it is sufficiently recognized that the defendant had intention of destroying the property, so the above assertion is not acceptable). The application of the law is not accepted

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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