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(영문) 서울북부지방법원 2018.10.26 2018고단2884
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the former husband of the victim B (son, 57 years of age) and is the victim C(15 years of age).

1. Around July 8, 2018: (a) around 02:20 on July 8, 2018, the Defendant who damaged special property opened a door to C in front of the victims’ houses located in Seongbuk-gu Seoul Metropolitan Government D branch;

However, C, without opening a door, has improved a dangerous object in the parking lot (67 cm in total length, 22 cm in length on the day), which is a glass window of the entrance of the entrance, and has broken down the 30,000 won of the repair cost.

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

2. Special residential intrusion Defendant broken the glass window of the entrance door at the time and place described in paragraph 1, and opened the entrance door, removed the corrective device, and set up the entrance, and entered the entrance to the dwelling room with the improved.

Accordingly, the defendant carried dangerous articles and invaded upon the victims' residence.

3. When the victim intrudes on the house of the victims at the time, time, and place mentioned in paragraph 1, the special intimidation Defendant threatened the victims with the defect that the victims tried to report to the police with a mobile phone, the cell phone blicked by the victim C, thereby falling into the floor, and harming the said victims as they displayed the above victim’s improvement.

Accordingly, the defendant carried dangerous objects and threatened the victim C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Each police statement protocol against B and C;

1. A protocol of seizure and a list of seizure;

1. A criminal investigation report (in addition to field photographs);

1. Investigation report (related to estimates for victims);

1. Improvement used for committing crimes and application of the statutes governing field photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act regarding the selection of punishment (a special purpose of destruction and damage), Articles 320 and 319(1) (a) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act (a special intimidation and choice of imprisonment with prison labor)

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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