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(영문) 인천지방법원 2018.02.08 2017고단9330
특수건조물침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On November 29, 2017, at around 05:30, the Defendant: (a) discovered that the entrance door was set off to prevent the Defendant from entering the entrance of the victim D (W, 52 years old), who is a female living together with the Defendant, located on the first floor of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, from living together; and (b) destroyed the market price equivalent to KRW 100,000,000,000, which was set up on the entrance of the “E fishing place”.

Accordingly, the defendant damaged the victim's property as above.

2. In around 06:00 on the same day, the Defendant collected a stone (10cm in diameter) which is a dangerous object near the place at the entrance of the latter part of the E fishing place at around 06:00, and opened it by force, and intrudes into the said fishing place, the Defendant cut a stone (10cm in diameter) which is an object dangerous to the said E fishing place, and then closed the said water pipe’s oil supply ray and repair knife (7cm in length, about 15cm in total length) with a knife (15cm in length) which is a dangerous object in possession, the sum amounting to KRW 400,000,000,000 won in the connection knife’s oil supply ray and circular knife’s knife’s knife.

Accordingly, the defendant infringed on the building managed by the injured person by carrying dangerous articles as above, and carried dangerous articles and damaged the injured person's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to F;

1. Images by cutting off CCTV in the E fishing place;

1. Application of fieldCC-TV Compilation photograph Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 320, 319(1) (a) (a point of intrusion upon a special structure), 369(1), 366 (a), and 366 of the Criminal Act (a point of destroying a special property, choice of imprisonment with prison labor), and Article 366 of the Criminal Act (a point of destroying a property and choice of imprisonment with prison labor);

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reason of sentencing [the scope of recommending punishment] habitually, repeated crimes, and special damage.

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