beta
(영문) 광주지방법원 목포지원 2019.06.27 2018고합136

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a mentally disabled person of Grade III with symptoms, such as mental disorder caused by mental fissionsis, loss, inappropriate sentiments, etc., and is highly at risk of self-harm caused by damage, and has weak ability to discern things or make decisions due to mental or physical disorder.

On October 15, 2018, at around 20:00, the Defendant found the victim B raped the Defendant’s mother, and found it in D’s operation of the victim in the Hamngue-gun, Hamyeong-gun, the Defendant damaged the property equivalent to KRW 1,00,000 at the market price by gathering one water purifier, card size, one telephone meter, one collection device, etc., which is owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of CCTV images at the scene of crime and photographs at the scene of crime;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences by law: Fines of 25,000 to 3,500,000; and

2. The scope of recommending sentencing criteria: The sentencing criteria shall not apply as it has been selected by a fine.

3. The crime of this case in which the defendant has damaged the property equivalent to one million won at the market price and the nature of the crime is not good; and

On the other hand, the defendant recognized the crime of this case and opposed to it, and agreed with the victim.

The defendant appears to have committed the crime of this case due to mental disorders such as the damage net injury, etc., and the defendant's main mind shows that the defendant's symptoms show that the defendant's symptoms are good and there is no big problem in his daily life, and the defendant himself continues to provide medical treatment.

The defendant supports the married mother of 7 years of age, and neighboring residents, including the victim, and the neighbors of the defendant are about treatment and protection of the defendant.