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(영문) 수원지방법원 2020.05.08 2019고단7601
재물손괴
Text

A defendant shall be punished by imprisonment for six 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

The defendant reported a marriage around April 1994 to the victim B (n, 41 years of age) and on July 8, 2015.

1. On August 18, 2019, at around 19:45, the Defendant visited the victim’s residence in Suwon-gu, Suwon-gu, Suwon-si, with his/her natural life reduced, and visited him/her while leaving the room of his/her natural father in the state of being drunk, but he/she refused to leave the room of his/her natural father in the state of being drunk, thereby leaving approximately KRW 50,00 won of his/her market value on the floor.

2. At around 20:05 on the same day, the Defendant took a bath at the same place, on the ground that the father of the victim, who visited to commemorate his/her mother's birth, directed the Defendant of his/her son, she was salving him/her, and she was salved and frighted, and she was salved by 3:4 times as he/she drinking a bath room equivalent to 300,000 won at the market price.

Accordingly, the defendant has damaged the victim's property twice.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order was found to have taken place by the defendant's former wife and his/her father and wife in order to reduce the birth of his/her father and wife, but as his/her father and wife refused the defendant under the influence of alcohol, the person who has incidental the wind gear and damaged the defendant's bath room.

Although the Defendant visited the above place while trying to improve the relations between the former and his dependants, the Defendant was under the influence of alcohol so that the said place did not have any authenticity. Nevertheless, the Defendant caused the negligence on the part of his family members and caused the failure of accompanying things.

Moreover, even though the Defendant was punished several times due to the damage of property, the Defendant came to commit the instant crime.

However, the defendant is against himself while making a confession.

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