logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2021.01.18 2020고단1468
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 1, 2019 to January 20, 202, the Defendant was living together with the victim B (the age of 45). On April 19, 2020, the Defendant: (a) around 15:20, around 15:20, the north-gu C was living in front of the D building in which the victim resides; (b) on the part of the victim’s change of the entrance door password, the Defendant was breaking the wall, which is a dangerous object, to the adjacent area, and destroyed the wall’s house glass, the E head of the said building, and went back without permission, to the victim’s house through the shoulder window on the wall.

Accordingly, the defendant carried dangerous articles and damaged the victim's property and infringed on the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Field photographs, etc.;

1. 112 Declarations;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 320 and 319(1) of the Criminal Act (a point of intrusion upon special residence);

2. The former part of Article 37 of the Criminal Act, and Article 38 (1) 2 of the same Act (an aggravated punishment for concurrent crimes with the punishment prescribed for a special crime of intrusion with heavier punishment) of the same Act;

3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of punishment by law: Imprisonment with prison labor for not more than seven years and six months;

2. Scope of the recommended punishment according to the sentencing criteria: Imprisonment with prison labor for not more than eight months (the lowest limit shall be observed for concurrent crimes with crimes for which the sentencing criteria are not established) [type 1] the repeated crime and special damage [special sentencing factors]] the reduction factors of the repeated crime, special damage, etc. [special sentencing factors]: Non-applicable area of the punishment [the scope of the recommended punishment and the scope of the recommended punishment]: Imprisonment for not more than eight months;

3. The Defendant, who was sentenced, destroyed the brick glass, which is a dangerous object on the ground that the victim does not move, and entered the home of the victim.

In light of the method of intrusion, there is no good quality of crime.

However, the defendant confessions and reflects the crime of this case.

arrow