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(영문) 서울북부지방법원 2019.08.23 2018고합534
재물손괴치상등
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 becomes final and conclusive.

Reasons

Punishment of the crime

around 13:00 on October 18, 2018, the Defendant, “2018 High 534, the Defendant, at the home of the victim C(39 years of age) residing in Nowon-gu, Seoul Special Metropolitan City, destroyed the unreshion of the market price, which is the victim D holding in the above house corridor, by destroying the unreshion of the market price, which is the victim D holding in the above house corridor, and thereby, suffered an open measure for the part of the victim C in need of approximately 1 week medical treatment.

Accordingly, the defendant damaged the property and caused the injury of the victim C.

As a result, the Defendant damaged the victim C by destroying the property owned by the victim D.

The defendant of "2019 High 31" is a person who has resided in B apartment E in Seoul Special Metropolitan City, Nowon-gu, and C is a person who resides in the above apartment F.

On October 16, 2018, at around 08:50, the Defendant damaged the property owned by the victim D, by using the net value, which is a dangerous object that was prepared and possessed in advance, for the reason that it could not be known that it was found in C’s residence F of the above apartment building, which is a residence of C, to remove the entrance door of the residence of C, and to remove the corridor’s windows continuously, thereby destroying it.

Summary of Evidence

"2018 Gohap534"

1. Partial statement of the defendant;

1. C police statement;

1. Field photographs, etc.;

1. The defendant asserts to the effect that he could not have predicted the injury of the victim since he thought that there was no person in the victim C at the time.

However, according to the above evidence, the defendant was found to have resided in neighboring areas C for more than 10 years. ② The defendant was aware of the structure of the house in which the victim C resides and, in particular, he was aware that he could have been deprived of the room, ③ at the time the victim C viewed television in the room, and ④ Nevertheless, the defendant was a victim before breaking the glass window.

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