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(영문) 부산지방법원 서부지원 2018.02.22 2017고단1067
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 13, 2017, the Defendant damaged special property: (a) around 09:00 on June 13, 2017, before the office of the victim C who was a female friendly son in Busan Northern-gu, Busan-gu, the front door was locked, and the seat number of the seat of the front door was changed, thereby making strawing the stone, which is a dangerous object at the front door, and making it possible for the Defendant to open the straw up with a stone, which is incidental to the victim’s house glass and shock.

Accordingly, the defendant carried dangerous articles and damaged the free will of the victim to be 154,000 won.

2. Around 09:10 on the same day, the Defendant infringed upon the said victim’s house, and the victim, who was out of the house, went into the house according to the victim, into the house, and intrudes on the said female’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to a report on investigation (a statement attached to a written estimate);

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 319(1) of the Criminal Act, and Article 319(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act appears to have weak criminal awareness of compliance, the crime of this case was committed during the suspended execution period due to injury, and the victim’s wishing to punish the Defendant’s severe punishment is disadvantageous.

However, considering the facts of the crime and the degree of damage in favor of the defendant, the execution of punishment shall be suspended in consideration of the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, but protection, observation and social service shall be imposed in order to improve the character and conduct of the defendant.

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