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(영문) 서울남부지방법원 2020.10.21 2020고단4074
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (ma, 56 years old) are neighbors who reside in the first floor and second floor of the housing building in Geumcheon-gu Seoul Metropolitan Government.

1. Around June 28, 2020, the Defendant damaged the said glass to be damaged in a way that knee and knee in the market value on the ground that the victim’s d head of the instant housing building where the victim resides was flick in front of the d head of the said housing building where the victim was living.

2. The Defendant, when and at the same time and place as described in Paragraph 1 of the above, was able to see the sound with the front door glass as above, and the victim took the front door, hump, hump, and intruded into the victim’s residence by entering the said house D where the victim resides in a new state.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of statutes, such as site photographs;

1. Relevant law Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant damaged the entrance door of his/her residence and intrudes with the victim at the latest time, and that he/she has been punished several times for violent crimes, etc.

However, the punishment shall be determined in consideration of the overall conditions of the pleadings and records of the case, such as the fact that the defendant is led to confession, damage caused by destruction and the fact that the victim does not want punishment by mutual consent with the victim, and the age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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