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(영문) 대구지방법원 2019.10.08 2019고단2641

재물손괴

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant suffered from a mental disease, such as ‘unexploitic psychosis’, and the victim B and his/her spouse, who lacks the ability to discern things or make decisions, were able to take a bath to himself/herself, and the victim B and his/her spouse, were able to hear their desire to harm, and have the victim et al. al. undergo an influence.

1. On April 18, 2019, the Defendant, at around 14:00 on April 18, 2019, prepared in advance the victim F’s residence in Yongcheon-si D apartment E, Young-si, and prepared to represent the Defendant in advance at the entrance of the residence, and had 10 times the amount prepared in advance on the wall surface of the residence and the window, and had 10 times the amount in advance prepared on the wall surface of the residence and the window, thereby impairing its utility.

2. On April 19, 2019, the Defendant committed the crime of April 19, 2019, around 17:00, at the victim B of the damage in Yongcheon-si D apartment G, Youngcheon-si, the Defendant maintained its utility by spreading kimchi, etc., such as the entrance door, wall, and roasting, which was prepared in advance on the lower side window.

3. Around May 7, 2019, the Defendant committed the crime committed on May 7, 2019, and around May 21, 2019, at the places specified in paragraph (2) around 55, the Defendant’s representative prepared in advance at the entrance and exit doors of the dwelling area was effective.

4. On May 8, 2019, the Defendant committed the crime on May 22 and 27, 2019, at the places described in paragraph (2) around May 22, 2019, based on the following factors: (a) around the entrance door, knife, knife, and knife of the Defendant prepared in advance for the first race; and (b) around the wall of the dwelling area, such as the portraits and knife prepared in advance

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The statement F and B;

1. Report on occurrence of property damage and the application of Acts and subordinate statutes to investigation reports (written confirmation of suspect's hospitalization);

1. Article 366 of the Criminal Act applicable to the crimes;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Act on probation and medical treatment order, the Act on Medical Treatment and Custody, etc.;