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(영문) 수원지방법원안산지원 2020.08.12 2020고단1445
특수재물손괴
Text

A defendant shall be punished by imprisonment for six 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

On October 31, 2019, the Defendant: (a) around 02:25 on October 31, 2019, the Defendant: (b) laid down two liquid and computer monitors who were in his dwelling space and were in his dwelling space, and laid down two strings and one computer monitors who were in his dwelling space and were in his dwelling space, respectively, at the same time with a knife with a knife, which is a dangerous object in his kitchen; (c) laid down a knife with a knife, which is a dangerous object in his kitchen, and destroyed the outer part with a tear and a string door, respectively.

Summary of Evidence

1. The protocol of seizure of the police statement of the defendant regarding D's legal statement, the list of seizure and reporting - the investigation of the list of seizure - attaching on-site inspections and field photographs, the investigation report of each on-site photo (victim D's hearing of statements) and the application of the statute

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 degree of damage to the reason for sentencing under Article 62-2 of the Probation Criminal Act is serious, and the risk of the act itself is high, such as the knife and the knife.

It seems that there is a record of being sent a home protection case due to violence against the victim, and there seems to be little way to drink and violent behavior even in the ordinary sense.

The nature of crime is not good in that there are children and there is a conflict with the victim and a violent act.

On the other hand, the defendant recognized a mistake and is in profoundly against it.

After the case, violence form is not visible and it seems that the relationship with the victim is maintained smoothly.

The victim appeared in the court and expressed his/her will to challenge the defendant.

There is no record of criminal defendant's punishment exceeding a fine.

Other circumstances such as the defendant's age, character and conduct, circumstances surrounding the crime, and circumstances after the crime.

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