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(영문) 서울북부지방법원 2020.11.06 2020고단2264
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 22, 2020, the Defendant, at around 23:40 on May 2, 202, in front of the E-Ba in which the victim C (W, 53 years old), D (W, 24 years old) located in Seongbuk-gu Seoul, etc., the Defendant was able to steals the inside of the toilet from the victim’s home toilets in F, through windows, with light light emitting through windows, and with water uris open windows.

Accordingly, the defendant invadeds on the public corridor of the above loan by the joint signature of the above loan, which was not corrected, and then went to the near future using the public stairs.

Accordingly, the defendant invadedd the victim's residence.

2. On the date stated in Paragraph 1, the Defendant damaged the victim’s property by putting a 5 cm wide and 5 cm wide from the public corridor in front of the above Bara, which was previously possessed in order to steals the inside of the victim’s residence, on the screen screen of the toilet window, owned by the victim, by attaching a fire to the screen screen of the victim’s toilet.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to reports on internal accidents (in-site investigations, CCTV investigations nearby the place of occurrence), investigation reports, and specific suspects;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act: Probation and community service order shall be imposed on the same sentence as the order and the execution thereof shall be suspended in consideration of various circumstances shown in the records and pleadings, such as the defendant's age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., along with the following various circumstances: Provided, That probation and community service order shall be imposed for a considerable period of time in order to prevent recidivism and

The defendant shall be the defendant at a disadvantage.

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