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(영문) 서울북부지방법원 2018.01.26 2017고단4776
특수재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

While the Defendant was under serious stress due to his external facts, corporate life, etc., he was fluored by an excessive lusium that male and female living together, the Defendant’s wife, company club fees, and surrounding neighbors want to recover their organs, and had his house and neighboring houses.

around 09:15 on May 10, 2017, the Defendant intruded with a mash in Seongbuk-gu Seoul Metropolitan Government (81) the victim E (34cm in total length, about 84cm in the net head length, about 8cm in the store located at the mash, and 1 knife ( approximately 30cm in length, about 20cm in length on the day) one knife in two fingers, and damages the glass of the living room with a view to destroying the glass of the other living room with a view to 2.2,60,00 won, such as destroying the glass window installed in the window of the other living room on the mash, and the Defendant nife two knife by visiting the victim and the victim's knife at the above action, and knife inside the living room with the inside of the knife with the entrance by the victim and the victim, who knife inside the living room.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Police seizure records;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (a person under investigation is sent to a hospital and communications with police officers);

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of intrusion upon special residence), and Articles 369(1) and 366 of the Criminal Act;

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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 44-2 of the Medical Care, Custody, etc. Act is as follows.

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