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(영문) 서울서부지방법원 2018.11.14 2018고단3282
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant and victim B (n, 44 years old) were de facto marital relations.

1. Damage to special property;

A. On June 10, 2018, the Defendant, at around 00:0, at the Defendant’s residence in Eunpyeong-gu Seoul Metropolitan Government CB lending 402, was well-known by using a knife, a knife, a dangerous object in the kitchen, where the market price cannot be known, on the ground that the victim B’s house does not enter the house.

The defendant, carrying dangerous objects, thereby damaging property.

B. On June 22, 2018, at around 01:10, the Defendant expressed the victim B’s desire to speak in the above residence on the ground that the victim B made a horse. Accordingly, the victim B avoided the Defendant, and destroyed the victim B, which was an object dangerous to escape from the rooftop, and the victim B’s cremation, which was the victim D owner, and the victim B’s cremation.

The defendant, carrying dangerous objects, thereby damaging property.

2. The Defendant sent the victim B a message using a mobile phone at the date, time, place, and place indicated in the paragraph. The Defendant sent the victim B a message that “I am homicide at the latest.”

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The content of the Kakao Stockholm messages, the application of statutes governing the scene pictures of crimes (in accordance with 30 pages of investigation records);

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes 2 (Destruction) of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the same Act for the protection and observation, and crimes in the basic area (i.e., six months to one year) of the repeated crime and special damage (i.e., repeated crime and special damage) (i., six months and one year and two months) [the scope of recommendations] of repeated crimes and special damage.

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