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(영문) 창원지방법원 2021.02.16 2020고단2201
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

The Defendant, with the relation between the victim B ( South and 61 years old) and the annual relationship, left the victim's house and found the victim's house to damage the entrance, etc.

1. Damage to special property;

A. On May 2, 2020, the Defendant: (a) around 16:16, at the window of the head of Changwon-si, △△△-gu; (b) at the front corridor of the house entrance of the victim C (V, 49 years old); (c) interesting from golf bonds, which are dangerous objects prepared in advance by misunderstanding the victim C’s residence as the residence of the above B; and (d) damaged the victim’s house, entrance door, tamplphone, fishing s, etc. to the effect that the repair cost would be KRW 600,000.

B. The Defendant: (a) at the front corridor of the office entrance of the victim B, located above the front of the time limit set forth in paragraph (1) of 1; (b) with golf bonds, which are dangerous objects in the same manner as paragraph (a) of paragraph (1), damaged the victim’s house entrance and sealphones; and (c) damaged the repair cost to cover KRW 600,000,000.

2. Special intimidation: (a) at the time and place stated in paragraph (1) of Section 1, the Defendant heard sound that the victim C destroys the entrance, etc.; (b) opened a door in the house; and (c) threatened the victim with golf loans, which are dangerous objects, and threatened the victim with a view to avoiding this; and (d) threatened the victim by using golf loans, such as the statement in paragraph (1), in order to avoid this.

3. The Defendant who intrudes upon his residence stated in the bill of indictment No. 1-B as “A” but it appears to be a clerical error.

In order to damage the entrance door of the victim B at the time and place of entry, the password of the above entrance was cancelled, and the entrance into the public entrance and corridor into the entrance and intrusion on the residence of the victim against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. C’s statement;

1. All on-site photographs;

1. The application of Acts and subordinate statutes to each investigation report (one thousand one hundred and fifteen times a year);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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