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Reasons
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(영문) 전주지방법원 군산지원 2018.11.30 2018고단983
특수재물손괴등
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A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On March 20, 2018, the Defendant committed the crime against the Victim B around 13:15, the victim’s house located in Yasan-si C, and without any specific reason, intruded the victim’s house through the fences of trees planted at the victim’s house to be cut off, and then damaged the victim’s saw, which is a dangerous object, by cutting off 5 gs of pine trees in the market value.

2. Crimes against victims D;

A. On May 27, 2018, around 08:20, the Defendant: (a) cut off the unfreshed rubber trees, the market price of which is the victim’s possession, and then destroyed by cutting them, with the improvement, which is a dangerous object cited in front of the victim’s house, without any particular reason.

B. At around 12:00 on the same day, the Defendant cut off and damaged the rubber trees in the market price, which is the victim’s property, which is a dangerous object cited at the place specified in the paragraph (a) without any particular reason.

3. Crimes against victim F;

A. On May 30, 2018, around 07:45, the Defendant: (a) brought 5 rice paper plates equivalent to the total market value of KRW 15,00,00 in the victim’s possession by hand, without any particular reason, in front of the victim’s arguments located in Y in Yasan-si; and (b) destroyed them.

B. The Defendant, at around 07:55 on the same day, intruded the victim’s house located Ha in Y on the same day through Mail, and damaged the crypt by drilling the 30,000 won of the market price, which is installed behind the house of the said victim, without any particular reason.

Summary of Evidence

1. Statement made by the police with regard to B, D, and F;

1. Photographss of each photograph and CCTV-cape;

1. Application of CCTV video recording CD-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Article 366 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 10(2) and Article 55(1)3 of the Criminal Act for the mitigation of mental and physical drugs (the defendant.)

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