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(영문) 인천지방법원 2018.06.18 2018고단3982

특수재물손괴

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 15, 2017, the Defendant: 08:00 on March 15, 2017, when the victim C (74) was put to a mental hospital in the past, on the ground that the victim was hospitalized in a mental hospital in the past and did not go to himself/herself in the house, and boomed boom (40 cm in length on the day) which is a dangerous object in the warehouse at the house, and breath (40 cm in length on the day) and “I do not have to go to his/her her son and do not have to go to his/her son.”

The market price of the victim, "," and the victim's market price was unknown and incidental to the victim's market price.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to C of a protocol concerning suspect interrogation of the police;

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

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

1. 【The grounds for sentencing of Article 62-2 of the Criminal Act 【The scope of the recommended punishment】 Special mitigation area (two months - October): In the event that actual damage is minor, the appearance of destruction tendency with high possibility of recidivism, and the attitude of investigation is considered disadvantageous.

However, in consideration of the weight of the mitigated person, the circumstance of the recognition of the case, the victim's desire to take the preference for the children, the exchange value of the damaged goods, the need for mental and physical treatment, the progress of edification through the separate detention process, etc., and so forth, the treatment in a careful society should be taken into account.

The punishment for four months shall be determined by imprisonment within the scope of the recommended punishment, but the execution shall be deferred for a period of one year on condition of taking lectures to improve sexual behavior.