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(영문) 대구지방법원 김천지원 2019.03.28 2018고단982
특수건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:50 on May 31, 2018, the Defendant thought that “D” game room operated by the victim C, which had been operated by the victim C, had been dissatisfied with the fact that the game room had not been operated for three days,” and that “if all of the game room game equipment was damaged, the game may be cut off” under the influence of alcohol. The Defendant intruded on the game room by destroying the correction device, such as the entrance door locked (1m in length) with a dangerous object, and then damaged the game room. The Defendant 19 game monitor of the total market value of KRW 1,601,70 in the above game room, which is the victim’s market value, was 19,00 won.

Accordingly, the defendant carried dangerous things into the victim's structure and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation (statements and photographs attached to victims and related persons), investigation reports (written estimates and written agreements attached thereto);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 320, 319 (1) of the Criminal Act that choose the penalty (the point of entering a special structure), Articles 369 (1) and 366 of the Criminal Act (the point of destroying and damaging special objects, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special Destruction and Damage of Property) (Determination of Punishment) (Special Destruction and Damage) [Class 1] Cumulative Offense and Special Destruction and Damage [Special Destruction and Damage] - Reduction element: Non-Mitigation of Punishment [Special Punishment] (The scope of Recommendation and Recommendations) mitigated area, one month to eight months [General Convict] mitigated element: Serious reflectiveness;

(b) Second offense (special offence of breaking the sentencing criteria for entering buildings): Crimes not falling under the sentencing criteria);

(c) Scope of recommendations according to the standards for handling multiple crimes: One month of imprisonment; and

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