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(영문) 대구지방법원 2020.06.10 2019고단6370

특수재물손괴등

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

The defendant has weak ability to distinguish things and make decisions as a person who is under treatment due to symptoms related to national fire-fighting, cerebral typhism, cerebral typhism, and cerebral typhism accompanied by the complex typhism that is accompanied by dystrophal typhism with a severe intellectual disability.

1. On November 12, 2019, the Defendant: (a) 12:30 on the street in the middle-gu, Daegu-gu, Daegu-gu, asked the mobile phone retail store to pay mobile phone charges; (b) however, the victim D, who is an employee, could interfere with the business, and sent the Defendant out of the said store with verification chrode (16 cm in total length, 6 cm in total) which is a dangerous object that the Defendant sent out of the said store, and 44,000 won of the market price displayed in front of the said store.

Accordingly, the defendant carried dangerous objects and damaged the property of the victim management.

2. The special intimidation Defendant, at the time and place specified in the preceding paragraph, expressed that the victim D was out of the store, the victim was killed, and that the victim would die. In addition, the said beer knife knife was displayed on the ground that the victim D would die.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. 112 reported case handling table;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Article 369(1) of the Criminal Act (the point of causing damage to special property, the choice of imprisonment), and Articles 284 and 283(1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

1. Mitigation of mental disorders and injuries under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is the act of damaging the property of the victim by carrying dangerous articles and threatening the victim, and there is no significant punishment until now.