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(영문) 춘천지방법원 강릉지원 2016.11.24 2016고단471
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

“2016 Highest 471” Defendant and C were in a de facto marital relationship from January 2012 to March 2015, and living together with the victim. However, from March 2015, the Defendant was under the influence of alcohol on January 31, 2016.

1. On January 31, 2016, the Defendant of the damage to property: (a) tried to open a door and enter the door in front of the office of the victim located in C at Samcheon-si on March 31, 2016; (b) however, the door was set up by telephone to the nearby key repair business entity, and (c) caused the repair recognition E to arrive in front of the victim’s home, thereby causing the victim to drilling digital fishing, which was attached to the victim’s home entrance, by using the dynamic gate, thereby damaging the said digital fishing, to repair cost of KRW 10,00,000.

2. The Defendant, at the same time and at the same place as the above Paragraph 1 above, excavated digital fishing villages attached to the victim’s house entrance, and opened a entrance and intruded upon the victim’s residence by entering the victim’s house.

around 23:50 on May 4, 2016, the Defendant: (a) purchased a dispute between the victim G(23 years of age) of his/her pro-froom in his/her dwelling in the East Sea and the victim was able to drink the ice cream on the floor; and (b) caused injury to the victim, such as the cutting of the left chill of the victim’s face, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (the contents of the oral statement of H business owner);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor for the crime

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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