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(영문) 수원지방법원 2015.01.07 2014고단4479
재물손괴등
Text

A defendant shall be punished by imprisonment for two years.

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

1. On August 15, 2014, around 18:35, the Defendant: (a) damaged the victim D’s house located in Suwon-si C, Suwon-si; (b) thereby, the lessee, thereby damaging the victim’s house; (c) thereby, misunderstanding that the lessee, thereby damaging the victim’s house, the Defendant extracted a large number of confrats on the part of the victim’s house and broken up one confrat.

In this way, the defendant damaged the property owned by the victim.

2. At the above time and place, the Defendant: (a) returned home to the victim E and F, who are the children of D, and reported that the scams, etc. were damaged; (b) the victim E and F, who are the children of D, followed Doglass and Doglass the victim E, and (c) the victim F (the age of 47) took Doglass and Doglass the part of the victim F’s son’s son’s son’s son’s son’s son’s son’s son’s body on one occasion due to the defect that the victim F (the age of 47) attempted to restrain himself/herself; and (c) took two times the part of the victim’s son’s left

In this way, the defendant carried dangerous articles, threatened the victim E, and inflicted an injury on the victim F, such as climatic salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Each police statement to F and E;

1. Each photograph (Nos. 5 and 7 of evidence list);

1. A written diagnosis of injury;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 366 of the Criminal Act and the point of destroying and damaging property that is subject to the option of punishment: The point of intimidation to carry dangerous articles: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the age of 82 years and the defendant is also the same.

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