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(영문) 의정부지방법원 고양지원 2021.02.16 2020고단2690
특수재물손괴등
Text

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

Reasons

Punishment of the crime

The defendant is a couple between the victim B (n, 44 years of age) and the legal couple.

1. On July 23, 2020, the Defendant damaged special property, on the ground that the victim refuses to move together within the building in Gyeyang-gu C and the residential area in Gyeyang-gu, Seoyang-gu, and D around 22:30 on July 23, 2020, accompanied with the victim and the co-owned market price of 150,000 won.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

2. On July 24, 2020, at the same place as Paragraph (1) of the same paragraph, the Defendant damaged property: (a) at the same time as the victim and the joint ownership of the victim, the piracy tree equivalent to KRW 150,000,00, the market price of which is equal to KRW 500,000,000, together with two air conditioners, air conditioners, electric light monitors, and line winders.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. On-site photographs of the police’s statement No. 112 on the Defendant’s partial statement No. 2, the Defendant purchased or brought about the Defendant’s money as his/her own money, since the Defendant purchased or brought about the damaged goods to be used by his/her children or to be used by his/her family members (the confirmation of the relation to ownership of damaged goods).

In addition, this cannot be deemed as the unique property of the defendant, and it is reasonable to view it as the joint ownership with the victim by the person who is an associate under the law).

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The Defendant used violence against the victim as a person who has been on legal basis during a considerable period of time, in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes. Accordingly, the Defendant was subject to suspended sentence of imprisonment in 2018 and 2020.

However, the defendant committed a crime of violence against the same victim by not only a week but also a week from the time when the judgment of the court on the probation of 2020 became final and conclusive.

This is.

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