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(영문) 창원지방법원 2019.05.16 2018고합245
재물손괴등
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

The court properly revised part of the facts charged to the extent that it does not interfere with the defendant's defense right, according to the facts duly admitted and investigated by the evidence.

The defendant has committed the following crimes under the status that he/she has the ability to discern things or make decisions due to compilation, reproduction, etc.:

1. On October 14, 2018, around 08:05, the Defendant: (a) expressed that the Victim C (n, 65 years of age) was at the house of the Victim C (L) located in Kimhae-si, Kim Jong-si; (b) the Defendant Daced, “I am at the house at the house when I am, am, and am good at the house at the house at the south of this opening, why I am, I am good am good,” and damaged the Defendant’s Dacing of the entrance and the entrance door shocking network, etc. to cover approximately KRW 1.50,00 of the repair cost.

2. The Defendant committed assault against the victim, at the time and place stated in Paragraph 1, by putting the victim’s bat with bat, leading about about 5 meters, leading the victim’s bat, leading his bat and her bat face with his bat and her bat in iron capital, etc.

[The defendant and his defense counsel asserted that since the defendant's house was the house of the defendant with regard to Paragraph (1) of the facts charged, the crime of causing property is not established because the other person's nature of property is denied, and in relation to Paragraph (2) of the facts charged, it constitutes self-defense as defense against the victim's entry into a residence. However, according to the evidence duly adopted and investigated by this court, the victim's entire house in Kimhae-si B (2 partitions, 1 column below the above house), the defendant entered into a lease agreement with the victim about the above house, and the defendant found the victim who was in a double wave at the front end of the above house on October 14, 2018, and caused the damage of the above house entrance.

Therefore, the defendant.

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