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(영문) 부산지방법원 서부지원 2018.07.04 2018고단853
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Of the facts charged in the instant case, April 21, 2018.

Reasons

Punishment of the crime

On December 3, 2017, at around 21:00, the Defendant: (a) 408-dong 408-dong 905 of the Victim D’s apartment house, and (b) flicked the victim’s complaint that the victim was slicked to live, and caused noise between floors before the Victim D’s house; (c) found noise at the victim’s house as a dangerous object from the victim’s house; and (d) laid down the victim’s house with the victim’s door door, knife, knife, knife, knife and knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant damaged the property of the victim management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs and estimates;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. There is no basic area (from August to January 6) of the first type (Habitual, repeated, special damage, etc.) of the sentencing criteria, which is the scope of the recommended punishment habitually, repeated crimes, and special damage (special damage, etc.) according to the sentencing criteria;

2. Although the Defendant had been sentenced to punishment for violent crimes several times, he again committed the instant crime. The instant crime was committed by the Defendant with a view to destroying the victim’s knife and knife by using a knife, which is a dangerous article. In light of the fact that the elderly victim flife, knife, and mental suffering, etc., the Defendant’s knife and knife the victim’s knife is very heavy, and the Defendant did not agree with the victim, and the Defendant recognized the instant crime, and considered the favorable circumstances that are favorable to the Defendant, such as the Defendant’s knife that knife the wrong.

The acquittal portion

1. On April 21, 2018, the Defendant: (a) around 12:00 of the facts charged, at the house of D while: (b) the Defendant, at around 12:00, experienced complaints that D having been living in the flat upper house around the house of 408 Dong-dong 905, Busan Northernbuk-gu, and that he was living slickly, and that he caused noise between floors.

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