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(영문) 서울서부지방법원 2020.10.29 2020고단2626
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[Criminal Power] On July 2, 2020, the Defendant was sentenced to a suspended sentence of two years on July 10, 2020 to imprisonment for a violation of the Road Traffic Act at the Chuncheon District Court on July 2, 202.

【Criminal Facts】

1. Around 16:50 on June 25, 2020, the Defendant of special property damage: (a) at the front of the restaurant run by the victim C (V, 83 years of age) located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant dumped the glass window of the above restaurant and set off the entrance by using the shield (38 cm in total length, 12 cm in length of the network head) which is a dangerous object prepared in advance for the reason that the victim’s failure to perform his/her obligation to the Defendant’s assertion by taking advantage of the creb in front of the restaurant run by the victim C (V, 83 years of age).

Accordingly, the defendant carried dangerous articles and damaged the victim's property to receive repair costs.

2. The Defendant was arrested in flagrant offender on the same grounds as the preceding paragraph, and was investigated on June 26, 2020, and was released at the Yongsan Police Station in Seoul on June 26, 2020 and returned home.

On June 26, 2020, the Defendant intruded into a restaurant operated by the victim C(the age of 83) as stated in the preceding paragraph on June 26, 2020, through a entrance opened to the public, and broken down the key products and strings, such as two air conditioners, two air conditioners, two air conditioners, one portable gas conditioners, one air conditioners, one air conditioners, and three air conditioners.

Accordingly, the defendant intruded on the building managed by the victim, and damaged the property of the victim who is in a market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement of C and D;

1. Records of seizure and list of seizure, seized articles and field photographs, site photographs, details of damage, and reports on each investigation (Listening to the victim's telephone statement, details of damage, and statements of witnesses related thereto);

1. Previous records of judgment: Application of criminal records, inquiry records, and reference materials under Acts and subordinate statutes submitted by defense attorneys;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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