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(영문) 수원지방법원 2020.06.17 2019고단3882
특수재물손괴등
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

On June 3, 2019, at around 20:15, the Defendant: (a) was in front of the vinyl C (the age of 72) residing in the wife B (the age of 15), and was in front of the vinyl C (the age of 196 centimeters, the length of 32 centimeters) and was in possession of dangerous autopsy (the length of knife 96 centimeters, the length of knife 32 centimeters) and damaged the Defendant’s greenhouse owned by the victim by reducing the amount of the knife to “B, A, the knife, the knife, the knife, the knife knife knife knife knife”

Accordingly, the Defendant, carrying dangerous things, destroyed the plastic houses owned by the victim, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The list of seized articles, records of seizure and the list of seized articles;

1. On-site and photographs of seized articles;

1. Application of Acts and subordinate statutes to a criminal report (related to correcting a criminal fact);

1. Relevant legal provisions concerning facts constituting an offense, Articles 369(1), 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the method of sentencing for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime is inferior, there is no record of punishment exceeding the fine, the defendant suffers from mental illness such as net disorder, etc., and the defendant's age, character and conduct, environment, the background and result of the crime of this case, and the circumstances before and after the crime, etc., the punishment as ordered shall be determined in full view of all the sentencing conditions indicated in this case.

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