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(영문) 대구지방법원 포항지원 2019.06.20 2019고단342
재물손괴등
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2019, the Defendant attempted to enter the place of residence: “D Real Estate (hereinafter “D”) where the victim C was residing in South-gu, Nam-gu, Sinpo-si B, and the Defendant reported the Defendant to the police as a day of drinking. However, the Defendant was forced to open and enter the entrance, and the entrance was opened several times, and the Defendant was forced to walk the entrance, and the Defendant was forced to stop and attempted to stop by the police officer, who was dispatched after receiving a report from the victim 112.

2. On January 16, 2019, the Defendant: (a) around 00:14, the Defendant: (b) caused the damage of property to “D real estate where the victim C remains in Nam-gu, Nam-gu; and (c) caused the damage of the property to cover the cost of repair equivalent to KRW 30,00,000 by tearing one shock net owned by the victim, installed at the window.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112 Reporting case management table;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act and Articles 322 and 319 (1) of the Criminal Act concerning facts constituting an offense (the point of destruction and damage of property), the choice of punishment (the point of attempted intrusion upon residence) (the choice of imprisonment), and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

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

(a) Crimes No. 1 (Determination of Punishment) (Destruction of Property): Damage, etc. [No. 1] Damage, etc. to Property (including a special person): Mitigation elements where punishment is not granted (including a serious effort to recover damage), or where a significant damage has been recovered: The basic area of motive for the crime [the area of recommendation and the scope of recommendation], the basic area of imprisonment with labor for April to October;

(b) Second crime (unestablished crime);

(c) Scope of recommendations according to the standards for handling multiple crimes: Crimes that set the sentencing guidelines for not less than four months;

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