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(영문) 서울서부지방법원 2016.11.29 2016고단2875
특수재물손괴등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On June 10, 2016, the Defendant: (a) destroyed the Defendant’s goods kept in custody by the victim B (M, 44 years of age) who was related to his personal relations; (b) destroyed them; and (c) attempted to take retaliation against the Defendant by sending them to the Defendant; and (d) finding the Victim’s home.

On June 11, 2016, the Defendant carried steel scrap (total length of 28 cm, 13 cm) for a foundation, which is a dangerous object at KRW 04:00,00, in front of the victim's house located in Yongsan-gu Seoul, Yongsan-gu, Seoul, while carrying them. In front of the victim's house in Yongsan-gu, Seoul, the Defendant laid down the dominium installed in the victim's house gate over several hundreds of the victim's house gate and damaged the repair cost of KRW 70,000.

After that, the Defendant opened a door door and returned to the ward, main room, and the inner room, and destroyed the property equivalent to 15 million won in total at the market price, such as 2 television owned by the victim, raphones, 1 coffees, 1, 1, 1, 1, 1, 1, 1, and 1,000 won for the foundation.

Accordingly, the defendant carried dangerous things into the residence of the victim, and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of the Kakao Stockholm messages, and the Acts and subordinate statutes of the Kakao Gain photograph for Foundation;

1. Relevant Articles 369(1), 366 of the Criminal Act and Articles 320 and 319(1) of the Criminal Act (the point of special intrusion) concerning criminal facts and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are many times of violence, and in particular, the Defendant did not do so during the period of suspension of the execution of the crime of injury and committed another crime again, and the Defendant destroyed the door of the steel scrap for foundation and intruded on the house of the victim.

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