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(영문) 대구지방법원 서부지원 2018.07.25 2018고단1421
특수재물손괴등
Text

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

Reasons

Punishment of the crime

On September 8, 2017, the Defendant was sentenced to six months of imprisonment for the crime of damaging special property in the Western Branch of the Daegu District Court, and completed the execution of the sentence in the Daegu Detention House on December 22, 2017.

1. On May 1, 2018, around 13:05, the Defendant: (a) destroyed special property damage and intrusion on residence; (b) around the house corridor of the victim D (FF) of the victim D (FF) of the apartment building in Daegu-gun-gun-gun, Daegu-gun, for the reason that the victim who liquidated the living together three months prior to the settlement of the money requested by the Defendant, did not grant the money required by the Defendant; (c) caused the fire extinguishers, which is a dangerous object in the corridor, to have the victim’s residence, c.50,000 won of the repair cost; and (d) went into the victim’s residence against the victim’s will and invaded the victim’s housing.

2. On May 8, 2018, the Defendant sent a Kakao Stockholm Stockholm to the victim’s mobile phone to the victim’s cell phone to the effect that, on the grounds that the victim was unable to contact with the Defendant, it would cause harm to the victim’s life or body if the victim did not immediately pay the money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A investigation report (attached estimates, etc. for damage), a written estimate for damage, and a damaged photograph;

1. Details of intimidation after committing the crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (period of repeated crime as of the suspect), and the current status of personal confinement;

1. Relevant Articles 369(1) and 366 of the Criminal Act concerning the facts constituting an offense, Article 319(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant, on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, has led to the confession and rebuttal of the instant crime.

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