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(영문) 대전지방법원 천안지원 2017.06.12 2017고합64
재물손괴치상등
Text

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

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

Reasons

Punishment of the crime

1. On December 18, 2016, the Defendant invadedd the residence of the victim D (Woo, 67 years old) located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul on December 18, 2016, and went beyond the gate and up to the gate, the Defendant added the gate glass door to the front of the gate, and intruded the gate into the victim’s residence.

2. The Defendant who was injured by property damage shall be drunk at the time, time, and place specified in paragraph (1) and open a door to the entrance of his residence in the victim D (V, 67 years old) under the influence of alcohol.

By opening as soon as possible, the victim was damaged by shouldering the entrance and door glass of the victim's residence by drinking, and the victim was damaged by the loss of the victim, etc., resulting in the loss of the victim's treatment days.

Accordingly, the defendant suffered injury to the victim by destroying the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Medical expenses receipt;

1. Data, etc. of the scene of the case;

1. Details of the 112 Report, internal investigation report, investigation report (in relation to CCTV image data around the site), and investigation report (in relation to the field, reporting on attaching CCTV images around the site);

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning the crime and Articles 319 (1) (the point of intrusion upon residence, the choice of imprisonment), 368 (2) and 366 of the Criminal Act concerning the choice of punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than 16 years and not more than six months;

2. Application of the sentencing criteria;

(a) One type (the type shall be determined) where the result of an injury or death resulting from the damage of property or damage to property occurs;

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