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(영문) 인천지방법원 2016.07.14 2016고단3037
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Damage to property;

A. On December 25, 2015, around 07:30 on December 25, 2015, the Defendant destroyed the D apartment house 203, 605, a house located in Yeonsu-gu Incheon Metropolitan City B and the victim C (n, 55 years of age), and, without any justifiable reason, entered a bank with a new signal and talking the victim, and made the victim take a view of the victim’s non-TV at the market price owned by the victim, and had the department take a step out by shot TV.

B. On December 25, 2015, around 14:40 on December 25, 2015, the Defendant: (a) 203-dong 605 of the above D apartment, and (b) chilling off the door door and number height of the apartment by using the substitute seat and damaged it.

2. On November 9, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (Non-compliance with a protective disposition, etc.) received a decision on a protective disposition, such as prohibiting access within 100 meters from the residence of the above C, from November 30 to May 29, 2016 at the Incheon District Court.

Nevertheless,

A. On December 25, 2015, around 07:30, the Defendant did not comply with the court’s decision on a protective disposition by finding out the foregoing D Apartment No. 203 605, and entering a bank inside the residence of the above C, which is the subject of the prohibition of access, and attaching TV.

B. On December 25, 2015, around 14:40 on December 25, 2015, the Defendant did not comply with the court’s decision on a protective disposition by finding out the residence of the above D Apartment 203 605, and the above C, the access prohibition site, and leaving the door of the entrance and the correction device as an agent.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports;

1. Relevant provisions of the Criminal Act and Articles 366 of the Criminal Act concerning the facts constituting an offense (the point of destroying property, the choice of imprisonment), and Articles 63 (1) 1 and 40 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (the fact that a protective disposition is not imposed and the choice of imprisonment is chosen);

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is the background, method, etc. of the instant crime.

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