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(영문) 대전지방법원 천안지원 2016.09.22 2015고단1428 (1)
위증등
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

"2015 Highest 1769"

1. On November 27, 2014, the Defendant invadedd the victim’s residence in order to look at the inside of the restaurant building before the victim D residing in ASEAN, and to move out of the cafeteria, etc., of the victim’s scam.

2. In order to remove a restaurant building or on-site office building in which victims D reside, at the time, at the place specified in paragraph (1), the Defendant shall take out the things, which are the victim’s property, in order to remove the liver building or on-site office building inside each building.

After piling up in outdoor, leaving a tent, leaving it unattended alone, and making it appropriate for the expenses, etc., the market price damaged the utility of the objects owned by the victims, such as the list of crimes in attached Form 2, such as the air conditioning room, two, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made to F in the police statement protocol;

1. Application of the respective visual Acts and subordinate statutes to photographs of the scene of damage, site photographs of the case, photographs of the damaged goods, photographs of the goods remaining at the scene, and photographs of the submission of evidence;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property 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 conviction under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) is that the Defendant: (a) deemed that the victim brought each of the goods listed in the annexed crime list to be usable with respect to the damage to property; and (b) accordingly, the Defendant denied the charges by asserting that the said goods do not harm the utility of each of the above goods.

However, the following circumstances are acknowledged by each evidence of the ruling, i.e., ① the defendant arbitrarily takes out the items in the list of crimes in the building in which the victim was living.

(v)is set aside in Yasan.

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