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(영문) 대구지방법원 2015.08.25 2015고합211
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

On November 25, 2014, at around 22:50 on November 25, 2014, the Defendant: (a) turned out the shock net equivalent to KRW 60,00,00 in the market price owned by the victims; and (b) turned out to the ward through the window, even though the victim F (the age of 59), who was the victim E, was the wife of the victim E, in front of the house of the victim E in Gyeong-gun, Gyeongbuk-gun; and (c) “I am back to the day.”

Accordingly, the defendant damaged the victims' property and infringed on the victims' residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. Written estimate;

1. Application of Acts and subordinate statutes on internal investigation reports (including photographs, as to attachment of field photographs);

1. Relevant Article 366 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of causing damage to property, the choice of imprisonment), the choice of criminal punishment (the point of intrusion upon residence and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. The crime of this case, where the sentencing guidelines are not set for the crime of property damage and the crime of intrusion upon residence of the victims, is a serious crime in light of the method of crime, etc., and the defendant did not reach agreement with the victims as well as the crime of this case. Considering that the defendant committed the crime of this case, it is necessary to punish the defendant strictly.

However, considering the fact that the damage caused by the instant crime is relatively minor, the Defendant’s age, character, character, environment, criminal record, motive, circumstance, and crime.

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