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(영문) 전주지방법원 2018.04.26 2017고단2107
특수재물손괴등
Text

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

Reasons

Punishment of the crime

1. On July 12, 2017, at around 03:03, the Defendant: (a) at the home of the victim D (Woo, 58 years old) who is the mother of the Defendant in Kim Jong-si, Kim Jong-si on July 12, 2017; (b) under the influence of alcohol, the Defendant found the victim’s home in the victim’s home while under the influence of alcohol and destroyed the victim’s watch (40 cm in length, head 12 cm in length), which is a dangerous object at the victim’s house building, on the ground that the victim’s father’s death does not see himself/herself; and (c) destroyed the victim’s watch and 12 cm in terms of the repair cost by getting off the stamp, the string, and the shock.

2. On August 1, 2017, the Defendant damaged property: (a) around 02:51, the victim’s residence indicated in the foregoing paragraph (1) at the 02:00,000 won was removed from the CCTV camera installed below the victim’s residential roof, and (b) the Defendant destroyed the 230,000 won in total of the repair cost, by breaking the CCTV camera installed below the victim’s residential roof, on the ground that the victim did not open the door on the ground that the victim did not open the door.

3. On August 1, 2017, at around 02:51, the Defendant infringed upon a house of the victim D (Woo, 56 years of age) located in Kim Jong-si, Kim Jong-si, and on the premise that he would damage the victim’s property, as described in paragraph (2) of the above paragraph, he opened the front door door glass and intruded the victim’s residence.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to D;

1. Reports on the occurrence of property damage (domestic violence), internal investigation reports, emergency measures reports, and internal investigation reports (Attachment to the table for the handling of reported cases);

1. Application of the relevant Acts and subordinate statutes to removal certified copies and photographs;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act that choose the penalty, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of destroying a special property with the largest punishment);

1. Sentence of a punishment by law;

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