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(영문) 인천지방법원 2018.07.30 2018고단1170
재물손괴등
Text

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

Reasons

Punishment of the crime

1. On February 7, 2018, the Defendant: (a) returned to the wife E of the victim D (50 years old) at the second floor parking lot of the Nam-gu Incheon Metropolitan City apartment B, Nam-gu, Incheon on February 7, 2018; (b) and (c) agreed with each other’s divorce;

Although they promised to divorce only by themselves and they did not proceed to divorce with the victim, they caused a dispute with the victim, thereby causing damage to the remains of repair by putting the furds of the car owned by the victim and destroying the furds of the car by using the furds, the fridges, and the furds on the left and right side of the car by using the furds of the car, and destroying the furds by using the furds of the family, the farc

2. On February 7, 2018, at around 06:32, the Defendant infringed upon the residence of the victim, following the entry into the first floor joint entrance, which was open for the same reason as paragraph 1, and getting off the elevator from G, which was the victim’s residence, and the door was emitted.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment with prison labor) concerning the crime;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of destroying property with heavy punishment);

1. The sentencing criteria [the scope of the recommended punishment] set forth in the general standards and no basic area (four months to ten months) (the scope of the corrected recommended punishment] (the scope of the corrected recommended punishment] shall be sentenced to imprisonment for not less than four months (the scope of the corrected recommended punishment shall comply with the lower limit of the scope of the punishment for the crime of intrusion upon residence to which the sentencing criteria are not applicable, and the crime for which the sentencing guidelines are set);

2. The accused makes a confession of sentence;

The defendant was in a marital relationship.

E damaged the vehicle of the victim who is the husband of E and infringed on the residence.

The Defendant, who committed a double act, was the victim of the tort, and was not recovered from the damage.

The injured party shall, even after filing a complaint for damage, etc. to property.

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