(영문) 수원지방법원 여주지원 2020.05.08 2020고정134

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(영문) 수원지방법원 여주지원 2020.05.08 2020고정134

재물손괴등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a victim B (n, 57 years of age) and a relationship with the victim B.

1. On October 5, 2019, the Defendant damaged the repair cost of KRW 140,00,00 in a way that damages the locking device of the present gate by cutting off a cover of the locking device of the present gate, and supporting the locking device by cutting off the locking device, on the ground that the victim, who has ever been frighted, does not open the locking door, at the residence of the victim of Echeon-si C and D around 22:00.

2. Around 14:00 on October 6, 2019, the Defendant, at the house of the above victim, refused to enter the Defendant, “The victim reported to the police as soon as possible, asked the Defendant to protect the victim by making a report to the police.” However, the Defendant, by using the gap in which the entrance door is opened, intruded into the house without permission, thereby entering the house.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement and the statement thereof in B;

1. A report on the occurrence of an intrusion;

1. Receipts for repair expenses of the suspender locking system;

1. Application of Acts and subordinate statutes of a written agreement;

1. Article 366 and Article 319 (1) of the Criminal Act applicable to the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The above judgment is rendered by comprehensively taking account of all the factors of sentencing under Article 51 of the Criminal Act, including the following: (a) the time limit for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the agreement with the victim; (c) the agreement with the victim; and (d) the fact that the defendant’s age, character and conduct, environment, and criminal record relation may have been tried together with the case of the original branch court of

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유사 판례

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