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(영문) 대구지방법원 안동지원 2017.08.18 2017고단427
특수재물손괴등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. Damage to special property;

A. On July 3, 2017, the Defendant: (a) on July 3, 2017, on the 16:16:16, the victim D residing in Ansan-si C, and 1.5 million won of the cost of planting and restoring the victim’s house in front of the house in which the victim D resides; and (b) by inserting the inserted in the front part of the above agricultural use track, the Defendant destroyed the victim’s house to cover KRW 1.5 million of the cost of planting and restoring.

B. On July 3, 2017, the Defendant: (a) on July 3, 2017, on the 19:22, the victim F in Ansan-si, E, was on board a stude for agricultural use, which is a dangerous object under the influence of alcohol, in front of the house in which the victim F is residing; and (b) on the ground that the victim living together before that day was at his own discretion and did not install a container stuff for the Defendant, the Defendant destroyed the victim’s house and warehouse by inserting the inserted materials in front of the above st

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

2. Special residential intrusion Defendant: (a) entered a farming biter, which is a dangerous object under the influence of alcohol at the time and place specified in paragraph 1(b); and (b) entered the home where the victim resides without the consent of the victim to damage the house and warehouse of the victim F, as described in paragraph 1(b).

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Where the relevant legal provisions and each special property of the choice of punishment are damaged to a crime: Violation of special residence under Articles 369 (1) and 366 of the Criminal Act: Articles 320 and 319 (1) 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. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Recommendations based on the sentencing criteria;

(a) Determinations of each type of special damage: Damage, habitual and repeated crimes, special damage, and special damage;

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