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(영문) 창원지방법원통영지원 2020.08.12 2020고단857
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 14, 2020, the Defendant was sentenced to a suspended sentence of three years on one year of imprisonment with prison labor for special building intrusion in the Changwon District Court’s territorial branch on January 14, 202, and the judgment became final and conclusive on January 22, 2020 and is currently under suspended sentence.

1. On June 29, 2020, the Defendant causing property damage: (a) around 12:25, at the Defendant’s residence located in C, on the ground that the victim was informed of his/her separate residence while having been in a dispute with the external rating of the victim C in a de facto marital relationship; (b) on the ground that he/she was informed of his/her separate residence; (c) at around 23,900 the market price of the Defendant and the victim’s joint ownership in a living room, he/she was damaged by leaving one studle at the floor and

2. The Defendant damaged the special property by gathering ice rinks, which are dangerous articles that had been located outside of the entrance of the Defendant, after having laid the storm on the floor, such as the date and time, place, and paragraph 1, as described in paragraph 1, and by cutting off the entrance, which is the victim owned by the lessor of the said residence, the lessor of the said residence, and making the ice rink out of the entrance, which is a dangerous object in the name of the lessor of the said residence, damaged the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (limited to the current and current market price);

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes concerning investigation reports (verification of during the period of suspension of execution of sentence);

1. Relevant provisions of the Criminal Act and Articles 369 (1), 366, and 366 of the Criminal Act concerning the crime (the point of causing special property damage, the choice of imprisonment), and Article 366 of the Criminal Act (the point of causing property damage and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Crimes No. 1 (Special Destruction and Damage of Property) (Pronouncement of Punishment) (Special Destruction and Damage). Cumulative Offense, Special Destruction and Damage [Type No. 1] Cumulative Offense, Special Destruction and Damage (Special Destruction and Damage): Damage and Damage (including serious efforts to recover damage) or significant damage are recovered.

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