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(영문) 의정부지방법원 고양지원 2017.08.24 2017고단1897
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

The Defendant became aware of the victim C (n, 61 years of age) who attends the same sexual intercourse in around 2012 and maintained friendship at the victim’s house, such as drinking the vehicle at the victim’s house. However, whenever the Defendant took an examination at the victim’s house, the Defendant’s remarks that the Defendant took an examination by another person, and that the victim was no longer found at the victim’s house.

For this reason, the victim was fluored with respect to the victim.

On June 12, 2016, the Defendant used kitchen knife, which is a dangerous object in light of 20:20 on June 12, 2016, and was located in Seo-gu, Seo-gu, Busan, Seo-gu, where the victim’s house is located, and divided the victim’s house into the victim’s house and the victim’s house knife, but did not open any door. Accordingly, the Defendant destroyed the above portrait knife by repairing KRW 165,00 on the ground that the victim’s house knife knife was installed.

Accordingly, the defendant carried dangerous things into the residence of the victim, and damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Application of the Acts and subordinate statutes to the copies of photographs and estimates of each damaged article;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366, 320, 319(1) of the Criminal Act concerning the selection of punishment, and Articles 369(1), 366 of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

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 Act on the Suspension of Execution provides a dangerous object for the sentencing of Article 62(1) and does not open a door to the victim, thereby damaging the race of the instant crime. The risk of the instant crime was very serious, and the victim was also a considerable threat.

The defendant has previously been punished by the abuse of violence against the victim.

The bereaved family members of the victim who died after the crime of this case were tried to severely punish the defendant.

However, there is a stimulative disorder, existing mental symptoms to the defendant.

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