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(영문) 서울남부지방법원 2018.11.28 2018고단5553
특수재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On June 6, 2018, the Defendant: (a) claimed that he/she had the Defendant’s female job offers C, and did not communicate with C, and (b) claimed that he/she was in the victim E’s house located in Guro-gu Seoul Metropolitan Government D 103 around June 6, 2018.

Although the Defendant got C from around the victim's house, he had no contact with the victim, and was able to intrude into the victim's house. On June 7, 2018, at around 07:00 on June 7, 2018, the Defendant left the wall, which is a dangerous object in the vicinity, with the wall of the victim's house knife and knife the knife of the victim's house knife and entered the house.

Accordingly, the defendant carried dangerous articles and damaged the victim's property and infringed on the victim's residence.

2. The Defendant concealed the victim’s travel room owned by the Victim F, which was located in the victim F, on the ground that no contact with the victim C was made at the above E’s house at the time of the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Application of Acts and subordinate statutes to a report on results of field identification;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of punishment against the crime (the point of destroying dangerous articles), Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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 reasons for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the background and content of each of the instant crimes; (b) the degree of damage; and (c) the damage of property concealment was fully recovered; and (d) the victim F was actively seeking the punishment of the Defendant; (b) the victim C left China and did not confirm his/her wish to punish him/her; (c) the victim C did not confirm his/her wish to punish him/her; (d) the Defendant was both recognized and reflected in the criminal act; and (e) the Defendant was staying in Korea from

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