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(영문) 서울북부지방법원 2019.07.12 2019고단723
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 12:10 on February 18, 2019, the Defendant: (a) destroyed the property by inserting the digital painting attached to the victim’s residence door, which is a dangerous object that the victim was in the victim’s family in Seoul Special Metropolitan City, Nowon-gu B apartment C, on the ground that the victim’s family in the victim’s family in Seoul Special Metropolitan City, did not unilaterally hedging the Defendant, and did not have contact after being unilaterally hedging; (b) caused the gap in the victim’s family; and (c) caused the gap in the digital painting attached to the victim’s family door, which is a dangerous object that he had been in possession of, and caused the defect in, the victim’s family; and (d) caused the damage to the property by inserting the part of the scarcity by inserting the scarb

Summary of Evidence

1. D's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Seizure records;

1. Application of two Acts and subordinate statutes, such as a report on investigation (the receipt of the entrance photograph from the victim apartment management office), e-mail sent to the B apartment management office, and photograph;

1. Relevant Article 369 of the Criminal Act and Articles 369 and 366 of the Criminal Act, the choice of imprisonment with prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the victim does not want the punishment of the defendant, the extent of damage is relatively minor, and the age, character and conduct, environment of the defendant, relationship with the victim, etc.);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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