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(영문) 의정부지방법원 고양지원 2019.09.19 2019고단2048
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On June 26, 2019, the Defendant damaged the property by drinking the windows owned by the Victim C management office, from stairs located between the second and third floors of the Goyang-gu B house in Gyeyang-gu, Soyang-gu, Seoyang-gu, 2019.

2. Around 00:50 on July 4, 2019, the Defendant: (a) requested the victim to return the cell phone charging device to the victim under the influence of alcohol after entering the neighboring resident E (the age of 66 and female)’s residence located in Gyeyang-gu Seoul Metropolitan City B Housing D; and (b) received a demand from the victim to return the cell phone charging device to the victim on several occasions.

However, the defendant does not comply with it and does not leave the victim without justifiable reasons until the police officer is dispatched by the report of the victim at around 01:00 on the same day.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Shot photographs of the scene, and photographs taken at the time of refusal to leave the scene;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes to investigation reports (F Statements);

1. Relevant Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 319 (2) and (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are as follows: (a) the general criteria for sentencing [type 1] [type 1] the damage of property, etc. [the scope of recommending area and recommending person] [the scope of recommending person] the basic scope of punishment], (b) the crime of non-compliance with the non-compliance with the eviction guidelines set out in April through October, a decision to sentence sentence that considers only the minimum limit of the above recommending sentence: (c) the suspension of execution in April, and (d) the defendant on probation, even though he had a history of being punished by a fine for non-compliance with the escape order set out in 2016 and 2017, the same kind of crime in this case has been reinfilled.

The defendant who repeats the same mistake is punished more strictly.

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