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(영문) 창원지방법원 2019.08.28 2018고단3222
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

Around October 3, 2018, when the victim was faced with the victim B (the age of 28), the victim refused to contact the defendant without receiving contact, and the victim was identified through the victim's seat.

At around 17:50 on October 17, 2018, the Defendant: (a) purchased one dust (77 cm in length) which is a dangerous object at a nearby iron shop in order to perceive that the victim did not open a part of the door and enter the victim’s house even if the victim did not have any response at the time of his/her failure to respond, and (b) purchased one dust (77 cm in length) which is a dangerous object at the victim’s seat, and then put it into the victim’s door cresh and then damaged the locking device that is the victim’s possession so that the 7.50,000 won of the mil repair cost is equal to the 750,000 won.

Accordingly, the defendant carried dangerous articles and damaged the victim's property and infringed on the victim's residence.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The police statement concerning B;

1. Seizure records;

1. Application of CCTV-cap photographs, damaged photographs, and written estimates to the Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 369(1), 366, and 319(1) of the Criminal Act concerning the selection of a penalty, and Articles 369(1), 366, and 319(1) of the Criminal Act concerning the selection of imprisonment;

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

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act include the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the Disposition above.

Disadvantageous circumstances: The crime of violence and danger of intrusion upon residence is very heavy using a dangerous object, causing damage to the gate of the victim, and the responsibility for the crime is heavy.

The defendant is not aware of the suspension of the execution of imprisonment with prison labor for violent crimes.

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