(영문) 수원지방법원 여주지원 2020.06.19 2020고정150

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(영문) 수원지방법원 여주지원 2020.06.19 2020고정150

재물손괴등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 44) are those who were in a marital relationship.

1. On June 14, 2016, at around 01:20, the victim was found to have the intent to enter into an agreement on defamation cases that occurred in May of the same year, at the victim’s residence located in Gyeonggi Gyeonggi-gun Group C, but the victim was removed and destroyed the shock network equivalent to KRW 30,000 at the market price of the victim’s ownership located in the main window located in the victim’s residence, on the ground that the victim did not open a door and does not leave the door.

2. The Defendant attempted to enter a house at the date, time, and place under the above 1.1., and attempted to open and enter a window by putting hand over a hand in order to intrude the victim’s residence, and by means of tearing, shocking, and shocking, and attempted to open the entrance door by manipulating the front door number height. However, the Defendant did not open the door and attempted to intrude into the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Statement B: Police suspect interrogation protocol of the defendant on the spot (including B's statement);

1. Application of Acts and subordinate statutes of a written agreement;

1. Articles 366, 322, and 319 (1) of the Criminal Act applicable to the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The above determination is rendered by comprehensively taking into account all the factors of sentencing under Article 51 of the Criminal Act, including the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized as well, the fact that an agreement is reached with the victim, the relationship with the victim, the value of the network, the age, character and conduct, and the environment

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