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(영문) 광주지방법원 2015.01.08 2014고단2778
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On June 5, 2014, the Defendant: (a) suspected of “the husband of his husband and the victim D, who is the wife of the victim C,” and had the victim’s residence into the said house through the gate, which was opened by the victim’s house located in Yong-Namnam Military E in order to drink the said D, with the intent of drinking the said D, with the victim’s house and wall attached thereto; and (b) on June 21, 2014, the Defendant occupied the victim’s house and invaded the victims’ residence.

2. The Defendant: (a) found the victim C’s house on June 5, 2014; (b) found the victim C’s house, and then, (c) caused the victim’s property damage to fall in the above house as soon as the color presses were in possession of around 21:35, by using the paint, and (d) caused the damage to the victim’s property to be repaired to the extent that it is necessary to replace the wall of the instant house to the extent that it is necessary to replace the wall of the instant building, which is the victim’s ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that no criminal record exists, and the fact that a total of five million won is deposited for the recovery of damage, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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