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(영문) 전주지방법원 남원지원 2018.05.29 2018고단53
특수재물손괴등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant was living together for about four years on the basis of the victim C (n, 49 years of age) and the past relationship, the Defendant continued to use violence against the victim on May 2017 and continued to look for the victim’s residence or place of business, thereby destroying the goods or interfered with the business.

1. On April 1, 2018, the Defendant: (a) around 03:50 on April 1, 2018, the Defendant: (b) was in front of the “E” office located in Nam-si, Nam-si; (c) was in front of the victim’s house through the shower room outside windows; and (d) was influencing off, which is a dangerous object stored in the outside warehouse of the said “E” office, with a total length of approximately 45 cm; and (d) was influcing the window (flucing about 55 cm, vertical length of approximately 35 cm, vertical length of approximately 35 cm) owned by the victim whose market value is approximately KRW 40,00,00,000 in the show room, and was in front of the outside ironworks (fluck 55 cm).

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. In the time and place indicated in Paragraph 1, the Defendant invadedd the victim’s residence by removing the window outside the shower room of the victim’s residence by the foregoing method, and entering the place where the victim was locked through the shower room, and intrusiond on the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to C;

1. Photographs related to intrusion;

1. Photographs of seized articles;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (victim's office, residence photographs, and photographs of damaged objects);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act concerning the selection of punishment (a point of destroying special property, choice of imprisonment with prison labor), and Article 319(1) of the Criminal Act (a) (a point of intrusion upon residence and choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of destroying any special property, the punishment of which is heavier);

1. Article 62 of the Criminal Act:

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