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(영문) 대전지방법원 서산지원 2019.02.20 2019고단27
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. Around 18:30 on December 28, 2018, the Defendant: (a) was suspected of having an internal relation with the Defendant’s spouse, at the “D Teaching Institute” operated by the victim C in Jin-si, Jin-si, B; (b) was able to drive a motor vehicle owned by the Defendant, which is an object dangerous to the Defendant that the said private teaching institute provided the cause; (c) shocked the outside rupture of the said private teaching institute; and (d) damaged the victim’s external rupture and internal ruptures by carrying the aforesaid motor vehicle into the inside of the private teaching institute over three times; and (d) the Defendant continued to damage the victim’s external rupture and internal ruptures by continuously putting the entrance of the said private teaching institute, which is the victim’s possession, in any other way by cutting off the entrance of the said motor vehicle or by any other means.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant, as described in paragraph (1) at the time and place, destroyed the glass of the entrance of a private teaching institute, and intruded into the private teaching institute through the said entrance to damage the goods located in the private teaching institute.

3. The Defendant damaged property by means of unloading 2050,000 won, a sum of the market prices owned by the victim C, which were located inside the first floor of a private teaching institute at the time and place specified in paragraph (1), by citing two hand and other three hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each investigation report (including documents attached to a written estimate, etc. for repair expenses), report on occurrence (including damage and destruction of special materials) (including documents attached to the site photographs, etc.);

1. Relevant statutory provisions concerning criminal facts, Articles 369(1) and 366 of the Criminal Act that choose a penalty, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 37 of the Criminal Code among concurrent crimes.

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