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(영문) 수원지방법원 여주지원 2016.04.26 2014고단627
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2014, the Defendant damaged the property by putting the house of the residents who were newly directors in front of the office of “C” located in “C,” located in “C,” which was located in W, on the ground that the Defendant was satisfing from the victim D (tax 46) and was satisfing into the floor, on the ground that the market price of the victim’s ownership was approximately KRW 50,000,000,000.

2. Special intimidation: (a) on August 15, 2014, at the place specified in paragraph 1 at around 20:00, the Defendant: (b) was protruding the kitchen, which is an object dangerous to the victim, on the ground that there is no breaking up against the victim D’s reflection; (c) the kitchen, which is an object dangerous to the victim, is protruding up; and (d) the entire length of 29cm. “Death, discarded, and discarded king.”

"Intimidation", the entrance door was opened to the food office, and the entrance door was " dead and discarded, Nara" depending on the victim, and the entrance door was affixed at several kitchenss.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to knives, winders, and even door-proof photographs;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up for the long term of two crimes) ;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) disadvantageous circumstances, such as: (b) the Defendant citing a deadly weapon and threatening the victim; (c) the Defendant’s perception of and reflects on his criminal act; (d) the Defendant agreed with the victim solely; and (e) the offense of evading compulsory execution in 2006 is punishable by a fine of one million won.

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