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(영문) 인천지방법원 부천지원 2019.07.09 2019고단902
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight 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

"2019 Highest 902"

1. On December 4, 2018, the Defendant and the injured party B (the age of 47) are de facto marital couple living together for about 10 years.

On December 4, 2018, around 13:50 on December 13:50, 2018, the Defendant: (a) around the Defendant’s residence in Bupyeong-si C; (b) the victim, who had any dispute with the Defendant, did not open the door to the Defendant; (c) and (d) caused the string of the door door door, which was a dangerous object, sent off the door door part of the string door, and broken down the glass window equivalent to KRW 10,00 in the market price.

The defendant, carrying dangerous objects, thereby damaging property.

"2019 Highest 1425"

2. On May 2, 2019, the Defendant and the victim B (n, 47 years of age) are de facto marital couple living together for about 10 years.

At around 00:00 on May 2, 2019, the Defendant heard the victim’s telephone conversations with another male in the vicinity of the Defendant’s residence in Seocheon-si, Gyeonggi-do, and left the cement brick, which is a dangerous object, one time the entrance door of the above dwelling area was cut off to a level of approximately KRW 60,000 for repair cost, which is the property jointly owned by the Defendant and the victim.

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

[2019 Highest902]

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs (suspects and damaged glass photographs) (hereinafter referred to as "on-site photographs");

1. Defendant's legal statement;

1. B written statements;

1. Application of statutes on the site and photographs of damaged articles;

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 366 of the Criminal Act;

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 reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend school, appears to have been subject to a majority of the police investigations by domestic violence against the victim, and the defendant is under trial for the crime under paragraph (1) of the same Article.

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