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(영문) 수원지방법원 2016.05.12 2015고합727
재물손괴등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2015, the Defendant: (a) around 23:15, the victim D(61) of the victim D(S) located in Suwon-si, Suwon-si, Suwon-si, Suwon-si; (b) sought to see the victim’s complaint that he/she unilaterally used the vacant space of the pentle of the pentle-si, 201, in front of the E-Ba B B, 201, but the victim did not open the front door; (c) however, the Defendant destroyed the front door, which was the victim’s possession of which the market price is unknown, by sending the front door to the front door of the 201.

2. The Defendant, as in the above paragraph 1, reported to 112 to the effect that the victim F (the age of 56) and D damaged the entrance of the Defendant, as in the above paragraph 1, was committed with a view to retaliationing the criminal case committed against the Defendant.

On December 10, 2015, at around 09:40 on December 10, 2015, the Defendant: (a) sent the front door of the 201st head of the E-Ba B, where the victim is living in Suwon-gu, Suwon-si, Suwon-si, the Defendant: (b) sent back the front door of the 201st head of the Sinwon-si, and (c) discarded it to the victim “I wish not to die, I will throw away, I will leave it up; and (d)

In addition to the sound that “I know about how I will am in their own,” the victim’s residence was sought through several times from that time until 17:55 on the same day, and the victim said that “I will die of son and son,” and said, “I will die of son.”

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation proviso in relation to the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. 12 Report records and investigation reports (on-site search and investigation, hearing of victim F phone statements);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act regarding the crime, the choice of punishment (a point of destruction of property, a choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (a point of intimidation for purposes of retaliation);

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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