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(영문) 서울서부지방법원 2020.10.08 2020고단2524

특수재물손괴등

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 is a person living in Eunpyeong-gu Seoul building B C, and the victim D (n, 82 years old) is a person living in the third floor of the above loan, and the victim E (ma, 57 years old) is a person living in the above loan F.

Since three months prior to the defendant, the defendant was instructed to exchange the victim D and the victim E, who is the neighbor of the ordinary world, to make a threatening speech in the name of the defendant's money.

The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to mental illness, such as the above situation and the compilation of a mental illness:

1. Around 03:00 on May 2, 2020, the Defendant destroyed the special material damage by having the department at the time of opening the door door and the sealphones with a net value (30cm in total length) which is a dangerous object possessed by the Defendant’s house, in front of the door door of the victim B B of Eunpyeong-gu Seoul Metropolitan Government 3rd floor, and damaged the repair cost to the sum of KRW 325,500.

2. Around May 6, 2020, the Defendant attempted to enter a special residence (2:19 on May 6, 2020) with a knife (30 cm in total, 18 cm in length) and excessive (22 cm in total length, 12 cm in length) (12 cm in total) that are dangerous articles in the Defendant’s house C’s house.

피고인은 2020. 5. 6. 02:19경부터 같은 날 02:21경까지 피해자 D의 3층 현관문 앞에 이르러 오른손에 쥔 식칼 손잡이로 현관문을 수회 두들기면서 피해자의 집으로 들어가려고 하였으나 피해자가 열어주지 않아 그 뜻을 이루지 못하고 미수에 그치고, 계속하여 피해자 E의 C호 현관문 앞에 이르러 “문 열어! 나와!”라고 큰 소리를 치면서 식칼 손잡이로 현관문을 수 회 두들기고, 문고리를 수회 잡아 당겼으나 피해자가 열어주지 않아 그 뜻을 이루지 못하고 미수에 그쳤다.

Accordingly, the defendant possessed dangerous things and attempted to intrude into the residence of each victim.

3. Special obstruction of performance of official duties: around 03:35 on May 6, 2020, the Defendant’s house C.