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(영문) 의정부지방법원 2018.10.10 2018고단1349
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant moved from the victim B (V, 62 years of age) to C apartment units D as the condition of KRW 240,000 per month, and from January 2017, the Defendant did not pay monthly rent to the victim. The victim leased the above apartment units under the condition of KRW 5 million, KRW 250,000,000, KRW 5 million, monthly rent, and KRW 250,000.

1. Around October 27, 2017, around 08:55, the Defendant: (a) destroyed the above locks in the C apartment unit D, Namyang-si, Namyang-si; (b) changed the password of the locks attached to the said apartment unit (one locked), so that the damaged person could not enter the said apartment unit; and (c) removed the locks from the victim’s above apartment unit in the victim’s management by using strips, drying, and dricks, thereby causing the damage to cover the above locks from the repair cost-free amount.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

2. A special intimidation: (a) on October 29, 2017, the Defendant: (b) threatened the victim, who was found to receive a smuggling monthly rent from around 20:00, with a deadly weapon in his/her hand, by using the Defendant’s excessive color test (a 7cm in length on the blades) that is a deadly weapon as his/her hand, thereby threatening the victim.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Legal statement of the witness B;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against B;

1. The list of 112 reported cases, on-site photographs, investigation reports (victim telephone or investigation reports relative to the victim), and investigation reports (to hear statements from the complainant);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for the crime, and the choice of punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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