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(영문) 대구지방법원 2017.04.12 2017고정148
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Records] On March 9, 2017, the Defendant was sentenced to a suspended sentence of two years on the 17th of the same month by imprisonment with prison labor for an injury, etc. at the Daegu District Court, and the said judgment became final and conclusive.

[Criminal facts] The defendant is a state of being separated between the victim C and his/her husband, or is under divorce proceedings.

On May 16, 2016, around 23:45, the Defendant opened the door to E, which is the victim’s residence, around 23:45, the Defendant: (a) opened the door to E; (b) opened the door to the victim’s house; (c) however, she opened the door to the pressure pent and hacks, which are dangerous goods located therein, and opened the door, and entered the door to the victim’s house.

Accordingly, the defendant carried dangerous things and destroyed the entrances equivalent to 130,000 won in the market price owned by the victim, and intruded upon the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. On-site photographs and receipts;

1. A report on internal investigation (a certificate of divorce, etc. attached thereto);

1. Previous convictions in the judgment: In response to inquiries such as criminal history, case search, and text of judgment [the defendant and his defense counsel are the place where the defendant resides, so the defendant and his defense counsel are not the residence of "other person", but the defendant's residence is the "joint housing right holder", and thus, the crime of

The argument is asserted.

However, around October 2015, the defendant left his residence and went against the victim's and her children's will to bring a divorce lawsuit against the victim's and her children, thereby harming the peace of her residence in fact.

Therefore, the above assertion by the defendant and his defense counsel is without merit.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 319(1) of the Criminal Act, and Article 319 of the Criminal Act, the selection of fines for negligence;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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