logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.12.12 2018고단5119
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence 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 is a space between the victim B (22) and the third year.

1. On August 16, 2018, around 05:00 on August 16, 2018, the Defendant: (a) took a dispute before the Victim B’s house located in Yeongdeungpo-gu Seoul Metropolitan Government; (b) sought a victim who did not have any contact; (c) but did not open a door; (d) by cutting the door door into a brick, which is a dangerous object, the market price, which is an object owned by the victim, was accompanied by an unexplosive collapse.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. On August 16, 2018, at around 19:00 on August 16, 2018, the Defendant: (a) was disputing issues relating to the cost of repairing fish in the victim’s residence; (b) opened TV sets up in the market value, the victim’s possession, with a set of TV sets off; and (c) opened plastic chairs on the market value, which is the victim’s ownership, toward the door, accompanied by the Defendant.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement under B;

1. A report on internal investigation (affixing photographs of the nature of violence);

1. A criminal investigation report (Attachment of on-site photographs at the time of damage) and site photographs;

1. A investigative report (to attach a suspect's Kakao Stockholm message) and Kakao Stockholm message sent by a suspect A;

1. Investigative reports (to hear statements from victims);

1. Application of Acts and subordinate statutes to report the occurrence of loss;

1. Relevant legal provisions concerning facts constituting an offense, Articles 369(1), 366 of the Criminal Act (the point of destroying dangerous articles and the choice of imprisonment) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes [Scope of Recommendation] Crimes (Scope of Cumulative Punishment) and Class 1 (Special Damage, etc. to Cumulative Offense) (Special Damage, etc.) are basic areas (six months to one year) [Special Mitigation (Aggravated Punishment)]/non-guilty.

arrow