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(영문) 수원지방법원 평택지원 2018.07.06 2018고단329
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was able to teach the victim C (V, 51 years of age) and about 15 years of age, and was at around February 2017.

On February 18, 2018, while drinking alcohol at the Defendant’s house, the Defendant saw that the victim she flicked with her own and flicked, and she was in custody in his/her residence on the ground that the victim she flicked with her own and flicked with her, and she saw that she she was in custody in his/her house ( approximately 7cm in length, about 37cm in total length, 4cm in diameter in total, and 34cm in total length) and carried a door into the victim’s residence.

1. On February 18, 2018, the Defendant, who intruded with a special house, came into a D apartment house in Ansan-si around 17:30 on February 18, 2018, and intruded into the victim’s residence in front of the victim’s residence through the joint entrance of the apartment.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. The Defendant damaged a special property in front of the victim’s residence at the time of the day referred to in the preceding paragraph, and damaged the victim’s house gate by knife and knife with the knife and knife, which held the victim’s house “open” in front of the victim’s residence. The Defendant damaged the victim’s house knife and knife with the knife

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Police seizure records and list of seizure;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of intrusion upon special residence), and Articles 369(1) and 366 of the Criminal Act;

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 (The following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for confiscation [the scope of recommendations] : habitual and repeated crimes and special damage (Habitual, repeated, special damage, etc.).

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