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(영문) 제주지방법원 2020.08.12 2019고단2128
재물손괴등
Text

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

except that 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

around September 26, 2019, the Defendant: (a) around 23:30 on September 26, 2019, the victim C residing in Jeju-si B, and subsequently, (b) opened a gate with no locking device without the consent of the victim; (c) attempted to open the gate at the entrance of the entrance; (d) continued to intrude the victim’s residence; (d) continued to interfere with the victim’s house; and (e) did not open the gate, the Defendant damaged the property owned by the victim, whose market price is unknown by cutting the gate glass to drinking.

At around 03:10 on December 6, 2019, the Defendant damaged the victim’s property whose repair cost is not known in the way that the victim F is walking ahead of the passenger car parked in G Sti-type without any justifiable reason from the street prior to the “E” parked in D at Jeju, and continues to walk the front of the passenger car parked in G Sti-type on several occasions.

Summary of Evidence

"2019 Highest 2128"

1. Defendant's legal statement;

1. C’s statement;

1. Relevant photographs "2019 Highest 2679";

1. Defendant's legal statement;

1. Each statement of H, I, and F;

1. Application of related Acts and subordinate statutes;

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), and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the following: (a) the fact that the defendant acknowledges and reflects his mistake; (b) the background and scale of the crime; and (c) the age, criminal records, criminal records, character and conduct, environment, means and consequence of the crime; and (d) the overall sentencing conditions as shown in the records and arguments of the case

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