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(영문) 부산지방법원 2014.04.11 2014고단1378
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On March 17, 2011, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on September 2, 201, and completed the execution of the sentence at the port prison on September 2, 201, and on January 17, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Busan District Court on January 25, 201 and the judgment became final and conclusive on January 25

From April 2013, the Defendant, from around 2013, thought that the victim C, who had contacted with the Defendant, avoided without receiving his own telephone, was suffering from the victim’s home to tear his clothes, etc. to cause damage.

1. On October 1, 2013, at around 10:00, the Defendant was living in front of the entrance door of the victim C located in Kimhae-si, Kimhae-si, and the victim C, who was corrected by her loss on the ground that she avoided himself/herself without a telephone, invaded the victim’s residence by opening the entrance door of the above residential area, which was corrected by her loss, and opening it out of the open door, and thereby infringing the victim’

2. The Defendant: (a) caused the damage of property by cutting the wires of household appliances, such as sprinks, leathers, 4 punishments, sprinks, sprinks, sprinks, etc. owned by the victim at the inside of the said victim; (b) cutting the wires of household appliances, such as sprinks, bridges, television, cable sprinks, telephone machines, etc.; and (c) sprinking them into a freezing room; and (d) sprinking them into a sprink, and damaged property in the aggregate amount of KRW 3,070,000 at the market price owned by the victim, which shall not be used by cosmetics, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs, such as damaged goods);

1. Relevant Articles 366 and 319 (1) of the Criminal Act and choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the criminal records of the accused, the relationship between the accused and the injured party, the method of committing the crimes, and the two types of punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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