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(영문) 인천지방법원 2013.10.16 2013고단3587
재물손괴등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On October 18, 2012, the Defendant was sentenced to six months of imprisonment for intimidation and intrusion upon residence by the Incheon District Court, and completed the execution of the above sentence on March 4, 2013 at the Incheon Detention Center.

【Criminal Facts】

1. On May 23, 2013, the Defendant: (a) around 01:00, the Defendant damaged the number height by putting the above number height to the front door of the victim D, who is the former part of the Gyeyang-gu Incheon Gyeyangdong 407, without any justifiable reason, before the victim D’s house, which is the former part of the 407 Dong Dong-dong, thereby damaging the above number height equivalent to 150,000 won for repair.

2. On May 25, 2013, the Defendant: (a) discovered that the victim was seated in a stairs before the said victim D (Taking, 57 years of age) and was waiting for returning home; and (b) took a bath to “I am back, I am son, I am son, and I am son, I am son, I am son, and I am am son, I am son, and I am am son.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against D and E;

1. Statement made to D by the police;

1. Photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records, personal identification and current status of confinement;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the sentence for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is to be imposed upon the victim of the instant case or by intrusion upon his/her residence, and even if he/she was sentenced to a fine by re-infusing the same person’s residence during the period of repeated crime after release, he/she again committed the instant crime; and the police officer used violence even after dispatch, etc.

In addition to these circumstances, the relationship between the defendant and the victim and other general sentencing grounds shall be determined as per the order.

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