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(영문) 부산지방법원 2017.04.20 2017고단1078
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2017, at around 02:20 on January 22, 2017, the Defendant damaged the victim’s property by generating the 100,000 won of the above user’s entrance gate, without any justifiable reason, from the user of the victim C’s operation located in Geum-gu, Busan Metropolitan City.

2. After destroying the entrance door of the said user at the time and place specified in paragraph (1), the Defendant invadedd the victim’s residence by entering the above user who used the victim C as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching receipt certificates);

1. Relevant legal provisions concerning the facts constituting an offense, Article 366 of the Criminal Act that selects the penalty, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor;

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

3. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do116, Jan. 1,

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