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(영문) 대구지방법원 2017.01.20 2016고단5781
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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 is between the victim B (n, 44 years old) and the victim B (n, 44 years old) in 2012.

1. On October 27, 2016, the Defendant invadedd the victim’s residence by opening the gate of the said house and entering the entrance of the 2nd floor entrance where the victim resides, at around 21:30 on October 27, 2016.

2. The Defendant who damages property shall open a door to the victim by putting his door open at the date, time, and at the place specified in paragraph 1 above, and opening the door “Y Y Y Y Y Y YY YY YY YYYYYYY

C. It shall be available only for toilets in C.O., Asia, and Japan.

“The Bagical Bags,” and the Bagical Bags were damaged by hand by a cell-proof net of 40,000 won at the market price, which is the victim’s possession installed at the present place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes in which statements made by the police are entered in B;

1. Relevant legal provisions concerning the facts constituting an offense, Article 366 of the Criminal Act that selects the penalty, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) (the following reasons) of the suspended sentence (Article 62(1) of the Criminal Act), [the scope of the applicable sentencing under the law] [the scope of the applicable sentencing under the law] imprisonment with prison labor for one month or four years or six months [the general criteria for the destruction of property]] [the person subject to special sentencing] in cases where actual damage is minor, or substantial damage has been restored (including serious efforts to recover damage). The area of the recommended sentence [the scope of the recommended sentence] Special mitigation [the scope of the recommended sentence] from one month to six months [the scope of the suspended sentence] - Where actual damage is minor due to positive damage (excluding the case where the result of injury or death occurred] (including the case where the result of injury or death occurred), or where significant damage has been restored (the decision of the sentence] or where significant damage has been restored to the victim several times.

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