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(영문) 대전지방법원 홍성지원 2020.01.22 2019고단831
특수재물손괴
Text

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

The defendant is the post-ship with the same company prior to the victim B.

Around May 29, 2019, the Defendant appeared to have observed the situation that the victim was knife and knifed with D and knife, the former wife of the Defendant, and called to the victim, but the victim was disregarded, so the Defendant was dissatisfied with the complaint against the victim.

At around 05:00 on May 30, 2019, the Defendant resisted the victim’s front and back to E, before the victim’s house located in Bocheon-si, the Defendant: (a) resisted the victim’s front and back to the Defendant; (b) however, the victim resisted the victim into the house without communicating with the Defendant; (c) thrown the front and rear parts of the FSM5 vehicle, the victim’s ownership, which was parked in front of the said victim’s house, without communicating with the Defendant; (d) thrown the front and rear parts of the FM5 vehicle, which was parked in front of the said victim’s house; and (e) broken down the front and rear parts of the said vehicle, which are dangerous things in the vicinity; and (e) at around 05:20 on the same day, the flick (18Cm, 9cm in length), which is a dangerous object in front of the victim’s house.

Accordingly, the defendant carried dangerous articles to damage the car in the repair cost of KRW 246,180, and damaged the above glass window equivalent to the market price of KRW 100,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112. List of reported cases;

1. Fire-proof report (on the current situation, etc. at the time of moving at the site), on-site photographs;

1. Blue scambling images and caps photographs;

1. Application of each written estimate statutes;

1. Articles 369 (1) and 366 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);

1. The same method as the probation and community service order was sentenced to imprisonment with prison labor for violent crimes using a knife for sentencing under Article 62-2 of the Criminal Act, and re-offending the victim in the same way.

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