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(영문) 광주지방법원 순천지원 2018.05.31 2018고합64

특수재물손괴

Text

A defendant shall be punished by imprisonment for one year.

One document seized (No. 1) shall be confiscated.

A medical care and custody applicant.

Reasons

Criminal facts

Defendant and Defendant-Appellant for the medical care and custody (hereinafter “Defendant-Appellant”) had repeated discharge from the hospital in the Republic of Korea, the State hospital, and C hospital, etc. from February 1997 to January 201, 201. On October 2001, Defendant-Appellant for the medical care and custody (hereinafter “Defendant-Appellant”) received the second level examination of mental disorder around 201.

【Criminal Facts and Grounds for Claim】

1. On June 10, 2017, the Defendant damaged special property from around 00:00 to 05:00 the same day, the Defendant destroyed the following: (a) from around 00:00 to around 05:00 of the same day, the Defendant: (b) at the vicinity of net City D; and (c) on the 12 occasions, the Defendant destroyed the Defendant’s property owned by the victims by using a dangerous object with the rear wheels of the victim E-owned vehicle owned by the victim E, who was parked there on the ground that the Defendant was in a state of lack of the ability or decision-making ability to discern things due to the Cho-do, because of his or her lack of capacity or ability to discern things due to the Cho-do, one of the auxiliary crimes, such as: (a) the Defendant paid the back wheels of the victim E-owned vehicle (15cm in total length; 6.5cm in length on the day); and (b) the Defendant destroyed the Defendant’s property owned by the victims at least 12 times.

2. On February 10, 2018, the Defendant damaged special property: (a) from around 00:44 to around 00:52 of the same day, on the roads near Y in order to ensure that, from around February 10, 2018 to around 10:52 of the same day, the Defendant damaged the victim H, who was parked at the same place on the ground that he was informed by Nei, because he did not have the ability or decision-making ability to discern things due to Cho-si, and was parked on the ground that he was informed by Nei, the number of vehicles parked, which is a dangerous object with the rear wheels of the victim H-owned I options car (15cm in total length, 6.5cm in length on the day) and caused the damage to the victim to be 2,47,200 won by summing up the cost of repairing the victims’ property over 16 times from February 17, 2018.

[The need for medical care and custody] The Defendant, who has long been hospitalized and hospitalized for a long time under the on-site medical examination, has changed the right to property from a mental disorder, such as restitution, decline in the actual judgment, etc., or decided on the intention.