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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단2130
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the occupant of the building B in Gyeyang-gu, Gyeyang-gu, and the victim C is the owner of the above building.

1. On May 23, 2019, the Defendant committed the crime around 05:00, around May 23, 2019, on the first floor of the above B building around 05:00, on the ground that the victim does not rescind the measures of cutting electricity and water due to monthly rent and management expenses, the Defendant, using a fire extinguisher, which is a dangerous object in the first floor of the building, was released from the Defendant’s possession, one set of glass window in the first floor sales office of the first floor, which is the victim’s ownership.

2. On May 23, 2019, the Defendant, at around 10:10 on May 23, 2019, broken down seven glass windows in the sales office of the first floor, which is the victim’s possession, using a chain pipe (one meter in length), which is a dangerous object in the first floor of the building, and for the same reason, at the same place as in May 23, 2019.

As a result, the Defendant, using dangerous objects twice, destroyed that the sum of eight glass windows owned by the victim is equivalent to the sum of 5,350,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Written estimate of damage;

1. Application of the Acts and subordinate statutes governing CCTV closures and video CDs;

1. Article 369 (1) and Article 366 of the Criminal Act and the choice of punishment for the crime, Articles 369 (1) and 366 of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of recommendation (referring only to a decision on the type) according to the sentencing guidelines (referring only to a decision on the type) [the scope of recommendation area and recommendation range] basic area of repeated crimes, special damage and damage [the category 1], no repeated crime, special damage and damage [the special person] [the scope of recommendation area and recommendation range], six months to December;

3. The defendant who made a decision on sentencing recognizes and reflects the crimes.

The defendant has no record of being sentenced to a fine beyond that of a fine.

The use of fire extinguishers and pipes, and the risk of the method of crime is high, and the nature of the crime is light in light of the quantity of damaged property and the degree of damage.

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