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(영문) 부산지방법원 2018.04.18 2018고단586
재물손괴등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 21, 2017, the Defendant damaged the property by misunderstanding that “I” in the written indictment of the victim C, who resides in No. 203, appears to be a clerical error, due to the misunderstanding that the Defendant would take a bath against the Defendant (23 tax), while drinking in the Defendant’s residence No. 21:05, the Defendant destroyed the entrance door No. 203, the glass window, and the heavy glass window at the market price.

2. The Defendant infringed upon the victim’s residence at the above date, time, and place, as seen above, destroyed the entrance door, glass door, and heavy door glass, and invaded upon the victim’s residence.

3. The Defendant violated the Punishment of Minor Offenses Act on November 21, 2017, and around 21:50 on November 21, 2017, for police officers, such as F District E, G, etc., “criminals shall not be raised.”

Chewing sound.

Dially, while under the influence of 50 minutes, such as the expression “the same fluort”, the government performed very rough and slickly a riotous speech at the government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H and C;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment), Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of official document, the selection of fines) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant is fined several times for violent crimes under the influence of alcohol.

In addition, when considering the fact that one of the defendants had been faced with the victim's noise problem even before, the victim was suffered due to the crime of this case.

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