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(영문) 수원지방법원 평택지원 2016.08.04 2016고단592
특수재물손괴등
Text

A defendant shall be punished by imprisonment 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

1. On January 6, 2016, the Defendant damaged the victim’s property to require repair cost of KRW 100,000,000,000 for bricks (fence 8cm in width, 19cm in length) that are dangerous objects that do not open the door before the victim’s residence B (nive, 35 years of age) located in Ansan-si.

2. A special assault Defendant: (a) told the Victim C (A) who was under contact with B at the time and place specified in paragraph (1) and solicited the Defendant to return home, and (b) threaten the gate, which is a dangerous object, as the Victim’s head gets off, and the said gate was divided into the victim’s head.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and B;

1. Seizure records;

1. The application of Acts and subordinate statutes to photographs and investigative reports;

1. Relevant legal provisions concerning criminal facts, Articles 369(1) and 366 of the Criminal Act that choose a sentence, Articles 261 and 260(1) of the Criminal Act (a point of carrying and damaging dangerous articles), and the choice of imprisonment for each sentence;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The degree of threat inflicted upon the victims of the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act is more severe, and the victims were sworn with severe fear.

The execution shall be postponed by taking into account the fact that a person has been under severe punishment and has no previous criminal record except for the previous two-time fine, the fact that a person has committed a crime, and is living in his/her workplace.

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