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(영문) 대구지방법원 2017.11.23 2017고단5232
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 and the victim B(n, 20 years of age) are the relationship between the defendant and the victim(s) and the victim(s).

1. On September 3, 2017, around 01:15, the Defendant invaded upon a residence: (a) went to the rooftop of the said building on the ground that the victim was not opening the entrance door at the time of the victim’s house located in Busan Metropolitan City C 402; and (b) went to the house and intrudes on the victim’s residence through the benda and open windows.

2. The Defendant assaulted the victim’s head debt and once by putting the victim’s head debt on the ground that he/she sawd out of the victim from the victim at the time, time, and place specified in the above paragraph 1.

3. In the time and place specified in the above paragraph 1, the Defendant destroyed the Defendant’s property damage by cutting the window in a bend door at the place where the Defendant destroyed the market price by drinking it.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to report the occurrence of cases of intrusion upon residence, assault and damage;

1. Relevant legal provisions concerning the facts constituting an offense, Article 366 of the Criminal Act that selects the penalty (the point of damage to property), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 260 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor;

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 reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution is an unfavorable circumstance, such as the following: (a) the Defendant intrudes into the house of a female-friendly woman and assaults and damages property; and (b) the nature of the crime is not good in light of the method of crime; and (c)

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and reflects the mistake, the fact that there is no record of punishment heavier than a fine, the degree of violence is minor, and all other factors of sentencing including the defendant's age, sex, environment, motive and circumstance after the crime, etc., the punishment as ordered shall be determined in the same manner as the disposition is imposed.

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