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(영문) 창원지방법원 2017.05.17 2017고단527
특수재물손괴
Text

A defendant shall be punished by imprisonment for 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

On January 3, 2017, from around 03:00 to around 04:35 on the same day, the Defendant came into the house of the former B apartment 1** the same 4*** the victim C (45 tax). The Defendant: (a) sent the entrance door several times on the ground that D, who is the victim’s son, would escape himself/herself without paying the borrowed money; (b) 2 fire extinguishers, which is a dangerous object being kept inside the apartment, and the wall, which is a dangerous object in advance, installed in the apartment, cut off the entrance door knife, and damaged it so that the knife of the entrance knife of the victim’s ownership can be added to repair expenses; and (c) spread the fire extinguishing machine into the victim’s house, which is located inside the victim’s house through the entrance of the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to photographs of damaged scene;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] habitually, repeated crimes, special damage (Habitual, repeated crimes, special damage, etc.) shall be sentenced to the same sentence as the order in consideration of the following factors: (a) the mitigation area (4 to 10 months); (b) the punishment of a person who is not subject to special mitigation (including a serious effort to recover damage) or significant damage has been recovered (the decision of sentence] the above sentencing criteria and the criminal history, age, sex behavior, environment, circumstances, motive and motive of the crime, means and consequence of the crime, circumstances after the crime, etc.; and (c) the various sentencing conditions shown in the oral proceedings, such as the records and arguments.

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