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(영문) 대구지방법원 의성지원 2016.10.20 2016고단93
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, the main building and fire prevention reserve is not guilty.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a suspended sentence of two years on March 24, 2016 to one-year imprisonment with prison labor for the crime of destroying and damaging special objects in the Family Court of Daegu on March 24, 2016, and the judgment becomes final and conclusive on April 1, 2016, and is currently under suspended sentence.

【Criminal Facts】

On May 16, 2016, the Defendant: (a) around 14:45, at the residence of the Victim E (V), who is the mother located in Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, the Defendant, under the influence of alcohol, changed the key of the truck to the victim; (b) however, on the ground that the victim did not have known of the key, the Defendant she was at the ambrode of Alumin aluminium-gate (80cm in length) with the Defendant’s family members, such as the Victim E and F, who were in common owned by the Defendant.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (on-site exit status, case handling report 112, and on-site status);

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports, and statutes;

1. Determination as to the assertion of the defendant and his defense counsel under Articles 369(1) and 366 of the Criminal Code of the relevant criminal facts

1. The defendant's assertion recognizes the fact that he has shouldered with an Aluminium camping net as shown in the judgment of the court below, but since the above heading unit is the sole ownership of the defendant, the crime of destroying and damaging special goods is not established.

2. The judgment unit, the defendant's shoulder was used by the defendant with his/her own residence and for a long time with his/her family. Thus, even if the defendant purchased it with his/her own income, it is reasonable to view that the above group belongs to the joint ownership of the defendant and his/her family members. The property of another person, which is the object of the crime of causing property damage, belongs to not only the sole ownership of others but also the joint ownership of others.

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