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(영문) 대전지방법원 홍성지원 2015.08.19 2015고단469
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant listened to the words from the wife C that the relationship with the victim D was created, and tried to find the victim's house at the victim's house, thereby damaging the victim's property.

At around 21:00 on May 12, 2015, the Defendant possessed a view room, which is a dangerous object that was prepared in advance at the victim’s house E, and intruded into the house room through an open gate, and then broken off the view room with the view to the above view room, such as the kitchen, the kitchen glass, the kitchen glass, the string, the string, etc., and damaged the property in total amounting to 4,586,000, the market price of the victim’s possession, by putting the clothes owned by the victim under the care room, with the string, with the string, and using the string.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage and glass list (misunderstanding, clothing, etc.);

1. A list of trading statements;

1. On-site and photographs of damaged articles;

1. Application of the Acts and subordinate statutes of photographic tampering nets, gas tampers;

1. Where a person commits a crime: Article 3 (1) or 2 (1) 1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, Article 319 of the Punishment of Violences, etc.: Article 3 (1) or 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., a crime committed in a riotous and disorderly state with the knowledge of the fact that the defendant reflects the truth in the truth, that the defendant agreed with the victim, that he/she committed a crime in a riotous and disorderly state, and that he/she has no criminal record of the suspension of execution or any other criminal record favorable to

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the above circumstances);

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