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(영문) 부산지방법원 서부지원 2020.06.04 2019고단2029
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On August 4, 2019, the Defendant: (a) around 13:40 on August 4, 2019, around the front door of the Victim C, a son in Seo-gu, Busan, had a door opened to open the door; (b) however, the Defendant’s wife in the above house, who did not open the door, destroyed the victim’s goods by breaking the door (a 20cm, length 10cm, length 10cm), which is a dangerous object at the end of the house (a 10cm, length 50cm), which is a front door glass (a 120cm, length 50cm), a living room glass (a 120cm, length 200cm, length 20cm), and then breaking a new door, thereby damaging the victim’s goods.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Attachment of six copies, such as criminal tools and photographs of destroying and damaging property;

1. Written estimate and each written agreement shall be attached; and

1. Application of Acts and subordinate statutes to the investigation report (investigation into the circumstances at the time of withdrawal);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant is highly likely to commit the instant crime during the suspension period of execution due to the same kind of crime.

In light of the contents of the crime committed by the Defendant and dangerous articles that may be used, the nature of the crime in this case is not good.

The defendant acknowledges and reflects his criminal act.

The victim shall not want the punishment of a defendant in agreement with the victim.

Property damage is not a relatively significant damage.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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