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(영문) 대전지방법원 천안지원 2019.10.30 2019고합142

특수재물손괴

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant lacks the ability to discern things or make decisions due to a sudden disorder, etc., on May 4, 2019, at around 21:13, the Defendant destroyed the CCTV at the bus stop installed in Asan City E, thereby damaging approximately KRW 5,000 for repair costs by destroying the said CCTV at the bus stop, which is a dangerous object brought from the construction site, in front of the “D” in front of the victim C, operated by Asan City, on the ground that he answer the mind on May 4, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (for an article destroyed and damaged);

1. Application of statutes on field photographs;

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 366 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for the Crimes of Destruction and Damage of Special Property to the Si of ASEAN with more severe penalty)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of a criminal defendant is a person with mental disorder whose punishment is mitigated pursuant to Article 2-3 subparagraph 1 and Article 44-2 (1) and (2) of the Act on Probation and Medical Treatment and Custody, etc. (the criminal defendant is a person with mental disorder whose punishment is mitigated pursuant to Article 10 (2) of the Criminal Act and who has committed an offense entailing imprisonment without prison labor or heavier punishment, in light of the status of the criminal defendant, the circumstances and details of the crime in this case, the criminal act committed before and after the crime, the criminal defendant's act

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years and not more than nine months;

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

(a) Basic crime: the crime of causing special property damage to the victim Asan City (determination of types);