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(영문) 대구지방법원 2018.11.22 2018고단4272
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2018, at around 01:00, the Defendant infringed upon a house of the victim D, which was located in Youngcheon-si, Young-si, C apartment 103, and the victim living in the side of the Defendant’s mother at the time, opened a door door that was not set up in order to resist on the ground that the victim’s her mother’s body at the latest interfered with the Defendant’s mother’s body at night, and entered the door and intrudes on the victim’s residence.

2. The Defendant damaged special property: (a) entered the victim’s house at the time, time, and place mentioned in paragraph (1) as mentioned above; (b) discovered that the victim frighted fright was booming out of the victim; and (c) found that the victim frighted fright was “no fright fright,” and the victim boomed fright, which is a dangerous object at the Defendant’s house, into his hand, and destroyed the victim’s house door by making the victim fright away from the victim’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on internal investigation, application of statutes related to damaged photographs, etc.;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 369(1) and 366 of the Criminal Act (the point of damage to dangerous things carried) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Criteria for sentencing on the grounds of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for observation of protection and observation;

(a) Where special property damage [Scope of recommended punishment] is destroyed by repeated crimes and special damage (a.e., repeated crimes, special damage, etc.) in the area of mitigation (one month to eight months), (a.e., special mitigation) in the area of mitigation (including serious efforts to recover damage), in the area of punishment not for punishment (including special mitigation), or substantial damage has been restored;

(b) Intrusion upon residence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the conditions under which the sentence of a crime that has not been imposed in the sentencing guidelines is determined, the age, occupation, sex, family relationship of the accused, and circumstances before

- the nature of crimes, defectiveness.

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