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(영문) 창원지방법원 밀양지원 2020.05.14 2019고단574
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

피고인은 피해자 B의 매제(妹弟)로서, 피고인은 밀양시 C 토지의 소유자이고, 피해자는 약 10년 전부터 위 토지에 있는 컨테이너로 된 농막에서 거주하고 있었는데, 피고인은 약 4년 전부터 위 토지에서 농사를 짓기 위해 피해자에게 위 농막을 비워 줄 것을 요구하였으나 피해자가 이를 거절하여 서로 갈등을 빚어 왔다.

At around 10:00 on November 25, 2019, the Defendant: (a) destroyed and damaged scambling tools, such as a scambling of the market price, which is the victim’s possession by using scke, which is a dangerous object, on the ground that the victim does not put the scambling.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (Submission of a full certificate of matters to be registered by a victim), investigation reports (verification of details of remittance of KRW 30 million from the account in D);

1. Articles 369 (1) and 366 of the Criminal Act applicable to the crimes;

1. While the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following), the case of the instant crime is not weak, considering the motive and circumstance of the instant crime, the Defendant, including the circumstance that there is no criminal record, may take into account the following circumstances: Defendant’s age, character, occupation and environment, occupation and environment, criminal records, motive, circumstance, method, method, and consequence of the instant crime, including the circumstances before and after the instant crime, and the sentencing conditions specified in the record and pleading, the sentence identical to the order shall be imposed, taking into account the scope of the sentence recommended by the sentencing guidelines of the Supreme Court sentencing committee.

It is so decided as per Disposition for the above reasons.

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