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(영문) 서울북부지방법원 2019.06.19 2018고단4638
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

From around 05:05 on September 4, 2018 to 05:20 on the same day, the Defendant resisted that, from the Defendant’s house of the apartment complex B apartment complex C, the Defendant: (a) made a demand from the Defendant’s house to the Defendant that the Plaintiff E, the upper house owner, had a tobacco smoked at the Defendant’s house; (b) had a 30cc wide knife, which is a lethal weapon, and a 25cc wide 25cc wide; (c) found the Defendant’s house at the victim’s house, thereby cutting off the entrance door door door door door door door door door door door, destroying the glass, the crime prevention window, and the shock network, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Photographs;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Articles 369 (1) and 366 of the Criminal Act applicable to the crimes;

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

1. Article 48(1)1 of the Confiscation Criminal Act, the reason for sentencing under the main sentence of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] [the grounds for sentencing under Article 48(1)1 of the Act on the Control of Narcotics, Etc., and Article 67 of the main sentence [the scope of recommending punishment] There is no basic area (6 to 1 year and 2 months) of repeated crime and special damage (the repeated crime, special damage, etc.) [the decision of sentencing] [the decision of sentence] Defendant brings a knife on the new wall due to the living problems between the apartment floor of the same apartment, damages the glass window and the entrance door lock-locked lock-down system, and threatens

However, the punishment shall be determined in consideration of the fact that the defendant is late, and the defendant has moved his place of residence to avoid any further dispute with the victim.

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