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(영문) 서울남부지방법원 2018.02.06 2017고단5926
재물손괴등
Text

A defendant shall be punished by imprisonment for a period of five months.

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

Reasons

Punishment of the crime

On November 8, 2017, at around 07:10, the Defendant: (a) placed in the house of the Victim C (V 16 years of age) located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, B and 301; (b) placed in the house in order to recover clothes that he/she had left when he/she lives with his/her mother; (c) however, he/she had changed the password of the present pipe digital fishing, thereby making it impossible to enter the house by which the market price cannot be known; and (d) opened the door and damaged the front and rear digital fishing knife; and (d) opened the door and invaded the dwelling of the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes governing intrusion on residence and damage scene photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Article 366 of the Criminal Act that selects the penalty, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor;

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. The fact that there are many criminal records related to violence including the criminal records of the same kind of sentencing under Article 62(1) of the Criminal Act, the age, sex, motive of the defendant, relationship with the victim, degree of damage, circumstances after the crime, etc.

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