폭력행위등처벌에관한법률위반(집단ㆍ흉기등손괴)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
A person with mental disability is a person who lacks the ability to discern things or make decisions due to mental illness, such as depression, etc.
【2012 Highest 1753, Oct. 18, 2012, the Defendant destroyed two said vehicles by putting in front of the Franchis vehicle owned by the victim D with a dangerous object (the total length of 38cc, the day of 20cc) that was prepared in advance to make a punishment, on the ground that it was unfair for the first time at the E Hospital parking lot around 13:05 on Oct. 18, 2012, and putting in front of the Franchis vehicle owned by the victim C, one front of the car driving seat of the victim C, and one follow of each glass window.
Accordingly, the defendant carried dangerous articles and damaged the victims' property.
【2012 Highest 1761】 On October 26, 2012, the Defendant brought about a hand room (m) which is a dangerous thing in the underground section room, and broken off the computer monitor that was located on his/her book, on the ground that nurses are released from the Defendant, while waiting for medical treatment, at the time of waiting for the Defendant, on the ground that the nurses are out of the Defendant.
Accordingly, the defendant carried dangerous objects and destroyed another's property.
Summary of Evidence
Application of Acts and subordinate statutes of the defendant's legal statement, each police statement of D/C/I/J, seizure records, each crime tool and damaged photograph, and each written estimate
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 366 of the Criminal Act;
2. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;
3. former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
4. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there has been no record of punishment for the preceding ten years, the psychological state of the accused, results of mental appraisal, etc.);
5. Probation of the Criminal Act;
6. Confiscation Article 48(1)1 of the Criminal Act 7.