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(영문) 광주지방법원 목포지원 2017.03.30 2016고단932
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 17, 2016, the Defendant violated a special residence: (a) around 19:00, at the time of the collection of the victim D(W, 56 years of age) located in Sinpo City C; (b) the Defendant opened the entrance door and intruded into the victim’s residence by way of making several knife knife (42 m in total length) with a knife (42 m in total) which is a dangerous object prepared in advance by the victim on the ground that the victim did not pay the money from the Defendant.

Accordingly, the defendant carried dangerous things and invaded upon the dwelling of others.

2. The Defendant damaged special property, at the above date, at the above time, at a place, and on such grounds as above, was accompanied by a gynasium (42 m in total) which is a dangerous object prepared by the injured party for the said reasons, so that the gynasium managed by the injured party would be equivalent to KRW 500,000 in repair cost, and a wall gals equivalent to KRW 1,270,00 in the market price owned by the injured party, which is equivalent to KRW 650,00 in shape air conditioners, market price of which is equivalent to KRW 139,00 in market price.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to the field photographs, investigation reports, written estimates, written estimates, and photographs of damaged objects;

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(1) (a) of the Criminal Act concerning the selection of punishment (a point of intrusion upon special residence)

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. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are the primary criminal defendant, the crime of this case is bad, and the defendant was unable to agree with the victim, and all the circumstances revealed in the oral proceedings are determined as ordered by the court.

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