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(영문) 대전지방법원 서산지원 2019.09.26 2018고단875
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around March 15:00 on March 8, 2018, the Defendant destroyed the property damage by having the victim get a window at the market price above the market price due to an influoring tool in order to have the victim get a divorce from the Defendant at the victim C’s residence located in Seosan-si B, Seosan-si, in a way that damages the repairing cost would be equivalent to KRW 40,00.

2. On March 14, 2018, the Defendant violated the above ad hoc protection order, such as entering the victim’s home located in Seosan-si B, Seosan-si, the victim C’s residence and drinking alcohol, even though the Defendant was issued a decision to issue an ad hoc protection order to prohibit access within 100 meters from Seosan-si, the victim C’s residence at the Seosan-si Family Court around March 26, 2018.

3. Around March 26, 2018, the Defendant threatened the victim with the victim C (nive, 61 years of age) at the residence of the victim C (nive, f1) located in Seosan City, Sinsan (hereinafter referred to as the “victim”) by sounding the victim “I am spherfer at this house, will sphere his house with his house, and will die if I die.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Part of each police interrogation protocol against the defendant;

1. Statement to E by the police;

1. A report on internal investigation:

1. Investigation reports (Attachment to the suspect-related 112 Reporting List);

1. A report on internal investigation (on the spot dispatch and arrest guards);

1. Report on internal investigation (written direction for the execution of the Seogsan Family Court of Daejeon);

1. Documents of the ruling on an ad hoc protection order issued by the Daejeon Family Court;

1. A report on internal investigation (attaching a table for handling reported cases);

1. 12 reported case handling table, respectively;

1. On-site photographs;

1. A long-term photograph of the suspect who intrudes on the victim's residence without permission;

1. Application of the statutes on pesticide diseases brought by the suspect at the time of unauthorized intrusion into the victim's residence;

1. Ad hoc protection order under Article 366 of the Criminal Act, Article 283(1) of the Criminal Act, and Article 63(1)2 and Article 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence.

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