The defendant is a person who lacks the ability to discern things or make decisions due to editing or modern illness, etc., and is currently under probation after being sentenced to two years of suspended execution for one year of imprisonment with labor for property damage in the Seoul Northern District Court on September 30, 2019. < Amended by Presidential Decree No. 23579, Oct. 8, 2019>

1. 피고인은 2020. 1. 9. 18:00경 서울 중랑구 B 1층에 있는 C조합 내에서, 아무런 이유 없이 끝이 뾰족한 볼펜을 이용하여 피해자 D이 관리하는 현금인출기에 알 수 없는 글씨를 새기는 등 낙서를 하여 시가불상의 수리비가 들도록 피해자의 재물을 손괴하였다.

2. On January 12, 2020 between 23:00 to 23:50, the Defendant damaged the victim’s property in order to cover the costs of repair in the market by fuling letters that cannot be known in cash withdrawal in the victim’s possession of the Republic of Korea using a pen tool, without any justifiable reason, at the implied post office located in 901 drinking flusing-house, Jung-gu, Seoul.

3. On January 12, 2020 between 22:50 to 23:00, the Defendant damaged the victim’s property so that the market price is influorcated repair costs by using stones in the F Bank on the first floor of the building in Jung-gu Seoul, Jung-gu, Seoul, with a view to any reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D and G;

1. AETM photographs, screen photographs for crimes, and investigation reports (informs attached to field CCTV photographs);

1. Criminal records as stated in the judgment: Criminal records, investigation reports, application of statutes concerning judgment;

1. Relevant Article 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. According to Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness, the Defendant has continuously been subject to pharmacologic treatment after receiving a diagnosis of editing and maternity and received hospitalized treatment at a mental hospital, and the Defendant’s statement was followed by the statement by the Defendant and his/her guardian.