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(영문) 서울중앙지방법원 2018.08.29 2018고단4121
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant stated in the written indictment of the victim C, but according to the records, it is clear that it is "C" and it is deemed that it does not affect the defendant's exercise of his/her right to defense, so correction shall be made

A person who has been in a relationship with his/her father or mother.

1. On September 23, 2017, the Defendant damaged property: (a) around 20:0, in the residence of the victim C, the Defendant: (b) taken a horse from the victim’s his/her wife; (c) cut the window of the window of the window for multi-use window for multi-use dwelling; (d) cut the window of the window for the crime prevention; (e) cut the window of the bedroom’s window for the crime prevention; and (e) cut the screen screen of the toilet for the toilet.

Accordingly, the defendant damaged the property owned by the victim.

2. In order to intrude upon the victim C’s residence at the time and place indicated in paragraph 1, the Defendant destroyed the multi-use room, bed room, and toilet windows, but did not create sufficient space to the extent that the Defendant did not enter.

Accordingly, the defendant attempted to intrude the victim's residence, but attempted to commit it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Report on investigation (the result of fingerprint identification);

1. On-site photographs, reports on the results of field identification, and fingerprint identification;

1. Application of three parts of the judgment; and

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, and Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion upon residence and the choice of imprisonment) of the choice of punishment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed by the Defendant by intrusion on the residence of this case, and attempted again to intrude into the residence of this case one week after rape of the victim. The crime of this case appears to be highly likely to inflict mental impulses on the victim and his family members. In addition, the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc. are the circumstances after the crime.

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