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(영문) 인천지방법원부천지원 2020.10.20 2020고단2244
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 29, 2020, at around 02:28, the Defendant damaged the property of the victim in a way that the victim D (the 51-year old age) was living together with the victim while living together with the victim and brought about any dispute over money due to the problem, and caused the damage to the victim's property by selling the wall wall of the residence owned by the victim as a drinking house and making the wall hole on the wall.

2. A special intimidation: (a) at the above place around 02:38 of the above day, the Defendant reported the above actions of the Defendant at the above place; and (b) took the food blade (33 cm in total length, 20 cm in blade 20 cm) which is a dangerous object located in the main room of the residence, by taking the knife the knife (33 cm in total length, knife 20 cm in hand) above the part of the victim’s neck

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure of a written statement prepared D, the records of 112 Reporting Cases Handling Records;

1. Articles 366, 284, and 283 (1) of the Criminal Act applicable to the crime;

1. Selection of each sentence of imprisonment;

1. Scope of recommending punishment based on the sentencing guidelines for reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act aggravated for concurrent crimes;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and no repeated crime and special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) are basic areas; imprisonment with prison labor for up to four months and six months;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: In determining the same punishment as the orders for the decision of sentence in April to November (1/2 of the upper limit of crimes No. 1) of imprisonment with prison labor, the following:

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