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(영문) 청주지방법원 2021.03.23 2020고단1456
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

The defendant is in the relationship of a victim with a lineal ascendant or descendant with the victim as a parent of the victim B (math 83 years of age).

1. On May 6, 2020, the Defendant damaged a special property: (a) around 12:11, the Defendant entered the victim’s house in the Cheongju-si Petition C, which had a verbal dispute with the victim; and (b) displayed the entrance door, which is a dangerous object that was kept in custody on the house marina, and broken a copy of a glass window at the door shower, the market price of which is equivalent to KRW 100,000,000, in the market price of the victim’s possession.

Accordingly, the defendant damaged the victim's property equivalent to 100,000 won in the market price in a shotic and other dangerous goods.

2. On May 6, 2020, the Defendant, at the place indicated in paragraph (1) around May 12:17, 2020, took the victim’s mobile phone which the Defendant seeks to commit the crime as set forth in paragraph (1) into the victim’s room and took the victim’s cell phone, and “whether the CCTV was due to the reason for making the CCTV at home

The term "the victim's head was "," and the victim's head was the one time price.

Accordingly, the defendant assaulted his lineal ascendant or descendant victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and photograph (No. 4 No. 5 of the evidence list) of the police statement against B;

1. Application of Acts and subordinate statutes on screen pictures by reporting an investigation (including Nos. 7 and photographs of the list of evidence), and by capturing CCTV images;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 260(2) and 260(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the defendant has no history of criminal punishment, that the defendant suffers from frisome without good health due to climatic climatics, etc. after vertebrate in spine, and that the defendant is fully aware of the crime of this case and is living in good faith without reoffending in the future);

1. Article 62-2 of the Criminal Act on the observation of protection;

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