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(영문) 서울북부지방법원 2013.03.20 2013고단89
공용물건손상등
Text

A defendant shall be punished by imprisonment for six 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

1. Intrusion upon residence;

A. At around 09:00 on December 26, 2012, the Defendant entered the victim D’s house located in Gangnam-gu Seoul Northern District C, and invaded upon the victim’s residence through an open gate without any particular reason.

B. On January 4, 2013, around 12:00, the Defendant entered the victim’s house through an open gate without any particular reason and infringed upon the victim’s residence.

2. The Defendant, at the same time and place as set forth in paragraph 1(b), received a claim in relation to intrusion upon the victim’s residence from the victim D (the age of 42, south) by repeating as described in paragraph 1, and committed assault against the victim, such as threatening the victim to log up crylic board around the victim, and threatening the victim as if he were at the victim’s time and place in the surrounding area, and threatening the victim to take flaps, and threatening the victim’s face, and threatening the victim over the ground floor by smugglinging the victim.

3. 공용물건손상 피고인은 2013. 1. 4. 12:35경 서울 강북구 E에 있는 서울강북경찰서 F지구대에서 D의 주거에 침입한 혐의 등으로 체포되어 있던 중 D이 피해자 진술을 하자 격분하여 손에 들고 있던 골프공을 바닥을 향해 힘껏 집어던져 골프공이 바닥을 맞고 튕겨 올라 위 지구대 천장에 설치되어 있던 시가 미상의 형광등 1개에 부딪히게 함으로써 이를 깨뜨렸다.

Accordingly, the Defendant damaged the goods used by public offices.

4. On December 28, 2012, around 14:30 on December 28, 2012, the Defendant: (a) sought a door from “I”; (b) sought a dispute with the victim’s out-of-the-door Ha; and (c) 8 parts of the market price, which is the sum of the market price of which the victim was suffering from the front of the said house, have been damaged by 24,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D.

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