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(영문) 전주지방법원 남원지원 2018.12.11 2018고단229
특수재물손괴등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 229] Defendant and Victim C (V, 74 years old) are adjoining neighbors residing in the same apartment house, and Defendant was subject to a summary order of a fine of KRW 700,000 on July 9, 2018.

On September 13, 2018, at around 22:10, the Defendant found the victim's residence located in D Apartment 101, Namwon-si, Namwon-si, and opened the door, and opened the fire extinguishers, which is a dangerous object near the victim's house, and broken down the victim's door of access and number height.

Accordingly, the defendant carried a dangerous fire extinguisher, and damaged the number height of about KRW 120,00 in the market price owned by the victim.

[2018 Highest 247] On September 26, 2018, at around 09:10 on September 26, 2018, the Defendant assaulted the victim, i.e., the victim E (39 taxes, mental disorders class 2) who had a right to listen to the claim concerning the case in which the Defendant filed a complaint against the victim from the victim from the victim E (39 taxes, mental disorders class 2) of the D apartment 102 and 13th, Namwon-si, Seoul Special Metropolitan City, and, in turn, the Defendant sawd the victim, including a saw (50 cm in length on a saw day, 20 cm in length), a dangerous object (50 cm in length, 10 cm in length).

Accordingly, the defendant assaulted the victim while carrying dangerous objects.

Summary of Evidence

[2018 Highest 229]

1. Statement by the defendant in court;

1. C’s statement;

1. Written estimate;

1. On-site photographs;

1. Investigation report (as to the verification of CCTV of D apartment buildings, it is confirmed that it has been a suspect), investigation report (as to the cost of damaged number key), investigation report (as to the victim's statement) (as to the verification of CCTV of D apartment buildings, it is confirmed that it has been a suspect);

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. A photograph of a CCTV image to be cut;

1. Application of investigation reports (Attachment of saw photographs), investigation reports (Confirmation of cases between the suspect and the victim), and statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act that provides for the choice of punishment (the point of destroying special property, the choice of imprisonment with prison labor), Articles 261 and 260(1) of the Criminal Act (the point of special violence, and the choice of imprisonment with prison labor);

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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