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(영문) 서울북부지방법원 2017.07.12 2017고단2134
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. Around 14:55 on May 20, 2017, the Defendant damaged a special property by cutting off the device for correcting the unexplosion of the market price using a cutting machine (the length of 22 cm) that is a dangerous object that the Defendant possessed on the ground that the Defendant does not open a door even if the Defendant’s door was opened, at around 14:55, the victim D, who is the Defendant’s son located in Gangnam-gu Seoul Metropolitan Government, was under the influence of alcohol.

2. In particular, the Defendant infringed upon a residence against the victim’s will by destroying a locker, which is a dangerous object, such as the statement in paragraph 1, using the locker, carrying the locker and carrying it onto the victim’s house.

3. On March 9, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence (hereinafter “Special Cases Concerning the Punishment, etc.”) did not file a complaint within seven days after he/she was ordered by the Seoul Family Court to order the victim’s residence (Seoul Northern-gu C) to not access within 100 meters from the victim’s residence until September 8, 2017.

Nevertheless, the defendant did not implement a protective disposition decided by the Seoul Family Court because he intrudes upon the E's residence, such as the statement 1 and 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of seizure (voluntary submission), list of seizure, photographs of cutting machines, and photographs of destruction to reading centers;

1. Application of Acts and subordinate statutes to investigation protection (Submission of a copy of a written decision on a protective disposition), copy of the decision on a protective disposition, and investigation report (verification of complaints

1. Articles 369(1) and 366 of the Criminal Act applicable to the facts constituting an offense; Articles 320 and 319(1) of the Criminal Act (the point of special intrusion upon residence); Articles 63(1)1 and 40(1)1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (the point of non-protective disposition) concerning the punishment of crimes of domestic violence; Articles 63(1)1 and 40(1)1 of the same Act concerning the selection of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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