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(영문) 서울동부지방법원 2017.08.17 2017고단1921
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant who destroyed special property was living together with the Defendant on May 16, 2017 before being able to do so.

B sought No. 1 of the Songpa-gu Seoul, Songpa-gu D Underground 1, which was a leased from the victim C, and the above B destroyed the victim's market price of 80,000 won at the entrance of the site by dracker (42 cm in length) on the date, which is a dangerous object that was held by the victim for the reason that the door was not opened.

2. The special intimidation Defendant: (a) destroyed the entrance at the time and place specified in the foregoing paragraph 1; (b) entered the victim B (n, 64 years of age)’s residence; and (c) took one hand of the materials dangerous to the front of the safe entrance, and (d) took the victim’s death and discarded.

The term “prisoner, dead, and dead,” thereby threatening a victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. C’s statement;

1. Photographs of the damaged entrance;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Selection of imprisonment with prison labor for the crime as provided in Articles 284, 283(1) (a) and 283 of the Criminal Act, Articles 369(1), 366 (a), and 366 (a point of destruction of special property) of the Criminal Act, and selection of imprisonment with prison labor for the crime; or

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 (Article 62 (1) of the Criminal Act ( comprehensively considering all the circumstances, such as the fact that the defendant reflects his/her fault in depth, the details

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