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(영문) 서울서부지방법원 2016.10.21 2016고단2195
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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, who was in a de facto marital relationship with the victim C (or 47 years of age and 26 months of age) and 26 months of age, took a dispute with each other, and left the house of the victim.

1. On July 10, 2016, the Defendant: (a) found the victim’s house located in the Eunpyeong-gu Seoul Metropolitan Government D1st floor on the part of July 10, 2016, where the victim did not have any contact; and (b) destroyed the victim’s house by opening the door, not opening the door; and (c) breaking the crime prevention house by drinking the house through the window, and then was invaded into the house through the window, and damaged the victim’s aesthetic wind, cell phone, boomed boom, etc. at the market price, which is owned by the victim.

2. The Defendant suffered special injury, at the above date, at the above time, and at the above place, and on the part of the victim’s head and face flick, the victim’s hair and face flick, and on the part of the victim’s face and body flick due to drinking and shot, the Defendant got off the victim’s eye and body flick, and got off about two weeks from the victim’s face and body flick, and suffered damage to the blick’s glick character and glick around the eye, and glick, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on investigation by telephone;

1. Application of Acts and subordinate statutes to the victim's body photographs, photographs of damaged articles, and written diagnosis of injury;

1. Relevant legal provisions on criminal facts, Article 319(1) of the Criminal Act’s choice of punishment (influence of residence, choice of imprisonment), Article 366 of the Criminal Act (influence of destruction and damage of property, selective selection), and Article 258-2(1) of the Criminal Act (influence of carrying dangerous things) (Article 258-2(1) of the Criminal Act (Article 258-2(1)) of the Criminal Act (Article 31 of the Criminal Act) concerning criminal facts; however, the defendant alleged that the "salle" does not constitute dangerous things; however, the above

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., initial offenders, reflectivity, agreement with the victim, degree of damage, etc.).

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