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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant was constructing D's house located in the victim of the previous North C
As a matter of the payment of construction cost, the victim did not have any defect in the dispute with the victim and did not intrude the house without permission to damage the inside.
1. A crime committed on November 12, 2016;
A. On November 12, 2016, at around 04:05, the Defendant invaded upon a special residence came to the residence of the victim C, and entered the said residence through the window of a shouldered ward with a steel bars (2 cm in diameter, 1m in length), which are dangerous objects loaded on one’s own vehicle, (2 cm in diameter, 1m in length), and shouldered the glass door, which is a dangerous object on one’s own vehicle.
Accordingly, the defendant carried dangerous things and invaded upon the dwelling of others.
B. Special property damage Defendant destroyed and damaged goods worth KRW 1,590,000, such as 15 windows inside the residence owned by the victim, and 1,590,000 in the market price, such as toilet change and wave glass, by breaking up the said iron bars at the same time and place as set forth in paragraph A (a) above.
Accordingly, the defendant carried dangerous things and damaged the property owned by others.
2. A crime committed on November 15, 2016;
A. On November 15, 2016, at the same place as the above No. 1.1, around 01:00, the Defendant infringed upon a residence. The Defendant heard the Defendant’s Belgium and opened the victim’s door, but the Defendant reported that the Defendant had done drinking, and prevented the Defendant from doing so, and the Defendant went into the said residence without disregarding it, and infringed upon the said house.
B. The Defendant who attempted to damage property is found at the same time, place, and at the same time, at the victim’s house and at the same place as the foregoing paragraph (a) and “Neman who has a safe glass window.”
” 라며 발로 1회 찼고, 유리창이 깨지지 않자 “ 어 안 깨져” 라며 다시 유리창을 발로 차서 시가 84,000원 상당의 피해자 소유의 유리창을 손괴하려고 하였으나 피해 자가 피고인의 몸을 잡아 그 뜻을 이루지 못하고 미수에 그쳤다.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of the police statements with regard to D.