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(영문) 대전지방법원 2019.10.17 2019고단3163
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the victim B (Inn, 78 years old) and the defendant's wife was the fluorial relationship with the other male and the other male and the other male, and the defendant's wife was located in the family of the victim in Daejeon-gu Daejeon.

1. On July 31, 2019, at around 10:20 on July 31, 2019, the Defendant entering a residence: (a) carried a new door door for a vehicle that was not locked up in front of the victim’s residence; and (b) carried the door door and the door door “wekbbbbbbb”; (c) but, at the same time, carried the part of fraud, which was laid on the mash, was laid down in the front door glass of the front door and intruded into the victim’s residence, after entering the ward.

2. The Defendant of special material damage thought that C does not go out of the house at the time and time as described in paragraph 1, and rhe thought C does not go out of the house, rhe was collected from the front door glass on the ground of fraudulent parts, which are dangerous objects in the house, and was collected up to three glass windows by 2 other frauds, and was broken up, rup into the house, and ruptures and one set of TV and decorations in the room, which are dangerous objects in the house, and continuously broken up by hand, one wind flag, one rupture, one rupture, and three ruptures on the floor.

In this respect, the defendant carried dangerous things and damaged the victim's objects in sum.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. B written statements;

1. On-site photographs and damaged photographs;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Articles 319(1) (a) and 369(1) and 366 (a) of the Criminal Act concerning facts constituting an offense, the choice of imprisonment for a crime, as well as 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 reason for sentencing under Article 62(1) of the Criminal Act is that the nature of the crime is not good in light of the applicable law and content of the instant crime, and the damage is adequate.

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