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(영문) 수원지방법원 2018.11.01 2018고단5591
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On October 201, the Defendant was married to the victim C (28 years of age, female) and the married couple on around October 201, and was under frequent dispute due to excessive debts and economic conditions, etc. from July 2018.

On September 19, 2018, the Defendant: (a) destroyed the locking device and hand knife of the victim’s residence 150,000 won at the market price by using a drum (42 m in length) which is a dangerous object that the victim was prepared in advance to find out for the reason that he/she was refused to make a request, and (b) caused damage to the locking device and hand knife of the above divers of the entrance 150,000 won at the market price, using a divers for the removal (42 m in length) which is a dangerous object that the victim was prepared in advance to find for the reason that he/she was refusing to request.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. 112 Reporting case handling table;

1. A protocol of seizure and a list of seizure;

1. On-site photographs (fix of damage to the locking device), subcommittees used by the person under consideration, defray photographs, pictures of the case, pictures of the suspect and the victim, telephone details photographs of the suspect and the victim, Kakao Stockholm photographs sent to the victim, and on-site photographs;

1. A criminal investigation report (report on the attachment of visual CCTV products), and the application of statutes applicable to one of the elevator CCTV CDs;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Where the sentencing guidelines apply [the scope of recommended punishment], the area of mitigation (one month to eight months), the area of punishment for a repeated crime and special damage (a repeated crime, special damage, etc.) (including a special mitigated person), or a significant damage has been restored to the extent that such reduction has been made;

2. The Defendant who rendered a sentence of sentence uses dangerous articles and threatens the victim to “be dead” at the time of damage to property as well as incidental locking devices of the house.

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