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(영문) 부산지방법원 서부지원 2017.09.06 2017고단638
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On May 8, 2017, at around 11:50, the Defendant: (a) was living in front of the victim D’s residential building, the wife of which was divorced in Busan Y-gu, Busan Y-gu; (b) confirmed that the victim living in the fourth floor was out of the door without telephone, and confirmed that the first floor door was locked; and (c) caused the victim’s housing by getting out of the 4th floor through the open rooftop door, coming up to the 4th floor through the open rooftop door, and invaded the victim’s house.

B. At around 12:30 to 18:00 on the same day, the Defendant intruded into the victim’s residence, and went out of the building to smoke, and went back to the victim’s residential building, and confirmed that the first floor door was locked, and went back to the victim’s residential building, and changed the 1st floor lock, and intruded the victim’s residential house by entering the victim’s house through the cell door opened on the fourth floor.

2. Damage to property;

A. From around 11:50 to 12:30 on the same day, the Defendant destroyed the 4th floor entrance corrective device of the fourth floor, which is owned by the victim, using a incombustible tool, where the four floors and the rooftop hallways are installed, from the residence of the victim at around 11:50 to 12:30 on the same day, to cover repair costs equivalent to 130,000 won.

B. From around 12:30 to 18:00 on the same day, the Defendant destroyed the above victim’s residence building on the first floor, by breaking one stud locked locked in the market price installed by the victim by putting the 4th floor key repair machine to intrude into the victim’s residence, and by installing other locks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of domestic violence, investigation reports (in relation to attachment of the victim receipt, on-site verification of the victim's residence, hearing of the victim's statement, monetary reporting with the victim and the suspect's second children, reporting on the visit to the scene, reporting on the call of the police lock business, and reporting on the call of the victim's intrusion witness).

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