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(영문) 의정부지방법원 2016.07.05 2015고단4305
특수건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a conflict between the victim C and his/her ordinary credit and debt relationship.

1. On July 25, 2015, the Defendant infringed upon a special structure: (a) confirmed that the main gate was diving on the “E” body operated by the injured party in Spocheon-si D; (b) confirmed that the main gate was diving; and (c) bypassing it to the alley right side of the main gate, the Defendant invadedd the victim’s structure into the said body.

2. The Defendant damaged the property owned by the victim by cutting off a knife, which is a dangerous object connected with the wires in the ceiling direction from the windows at the same time and place as indicated in the above “1” paragraph, and cutting off the windows at that place with a knife and tearing the knife, etc., with a total of KRW 4,300,000 of repairing cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal complaint;

1. A written estimate;

1. A damaged photograph;

1. Application of the CCTV storage CD-related Acts and subordinate statutes;

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

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] habitually, repeated crimes, special damage and destruction area (Habitually, repeated crimes, special damage, etc.) (4 to 10 months) to be considered in mitigation area (4 to 10 months): Handling multiple crimes: Inasmuch as the sentencing guidelines is not set for the crime of intrusion on a special structure in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit of the above sentence range is considered only for the crime of intrusion on a special structure (decision of sentencing): The fact that there was a history of criminal punishment due to violent crimes, the fact that the damage has not been recovered, and the normal situation favorable to the fact that the damage has not been used by the injured person: A confession and reflect of the instant crime;

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