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(영문) 대전지방법원 2018.04.12 2018고단586
특수재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Around 14:10 on November 10, 2017, the Defendant damaged a special property: (a) was in the Daejeon-gu B housing located in which the Defendant’s mother and her mother were living; and (b) was sent by the Defendant’s Gomomo Victim C with the Defendant’s anthromoth’s message in writing on the ground that he did not pay the mobile phone fees he/she has joined in the Defendant’s name; and (c) was damaged by driving the car amount in the Dart-type, which is a dangerous object, by obtaining the Defendant’s anthromoth’s external wall on the market, which is the victim’s ownership, and destroying the above external wall.

2. In the above time and place, the Defendant invadedd the victim C into the above house with the intent to damage the things located in the house on the ground that the victim C s/he s/ she s/he s/ she s/he s/ she s/ she s/ she s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Arrest report on occurrence of a case, and photographs of damage;

1. Each investigation report, and the application of statutes governing certified copies of each registry;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 319(1) of the Criminal Act, and Article 319(1) of the Criminal Act, and the choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The first crime for the reason of sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] Special Destruction [the scope of punishment] of Type 1 (Habitual, Cumulative Offense, Special Damage, etc.) [the scope of punishment by a special mitigation person] The second crime for which punishment is not imposed [the scope of punishment by a special mitigation person]] under the mitigated area (one to six months) (one month) (the scope of recommendation] under the mitigated area (one to six months) (the special mitigation person] under the mitigated area (one to one month): the final sentencing scope due to the aggravation of punishment by a large number of crimes resulting from the aggravation of punishment: April to January 1 [the decision of sentence] under the conditions of April to January 1 (the decision of sentence], and intrusion upon a residence.

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