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(영문) 울산지방법원 2017.08.22 2017고단1288
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Criminal facts

1. On March 23, 2017, the Defendant violated the victim’s residence by entering the victim’s dwelling by entering the victim’s living noise coming from the neighboring victim C (67 years)’s residence located in Yangsan-si B, with a view to destroying the victim’s house glass.

2. The Defendant damaged property at the same time, at the same place as paragraph 1, and as above, intrudes into the victim’s house, and laid the bricks set ahead of the second floor entrance, which is the residence of the victim, and putting the windows of the living room and the windows of the opposite room on navigation, thereby damaging the victim’s glass so that the repair cost amounting to KRW 700,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of written estimates and statutes governing the scene of damage;

1. Relevant legal provisions concerning the facts constituting an offense and intrusion upon a residence option: Article 319 (1) of the Criminal Act; Article 319 (1) of the Criminal Act; Article 366 of the Criminal Act; Article 366 of the Criminal Act; and Article 36 of the

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 for concurrent crimes with the punishment imposed on heavier property damage);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to four years and six months;

2. Reference to the sentencing criteria for the crime of destroying property [the types of decisions] 1 (the person subject to special sentencing) (the person subject to the destruction of property, etc.) - the number of mitigation factors / [the scope of recommendation area] / one month or six months / [the scope of recommendation area] / Whether suspended execution is suspended or not ] - there are no efforts to recover criminal injury before suspension of execution or more, on at least two occasions negative circumstances - The number of positive persons;

3. According to each of the crimes of this case by which the sentence of sentence was determined and violent, the victim, who is a neighbor, still feel uneasiness and fear. Nevertheless, the damage was restored or not received from the victim, and the defendant was transferred.

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