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(영문) 서울중앙지방법원 2013.09.27 2013고합824

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

Around 23:00 on March 20, 2013, the Defendant and the applicant for medical treatment and custody (hereinafter referred to as the “Defendant”) destroyed the repair cost of KRW 1,97,068 by lowering the back glass, string, driver’s seat, and lighting door, etc. of a white K3 vehicle owned by the victim E, which are parked in the D-3 column at the D-4 parking lot located in Jung-gu Seoul, Jung-gu, Seoul, with a brick (20cm, 10cm, 10cm in length, 10cm in thickness, 8cm in thickness) in the parking lot and destroying the repair cost of KRW 1,97,068 in front of the victim G-owned car parked in the A-4 column, with a brick (10cm, 10cm, 10cm in length, 28cm in thickness, 200,00 won in front of the victim G-owned car.

A person who commits a crime corresponding to imprisonment without prison labor or heavier punishment in a state that the defendant suffers from a dynamic disorder that shows symptoms, such as a change of right or decision-making disorder, and lacks the ability to discern things or make decisions, and is in need of receiving treatment at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Entry of the written self-written statement of G production;

1. Descriptions of the vehicle destruction photograph, CCTV locker photograph, screen image CD for committing an offense, investigation report, investigation report, and investigation report (Submission of the victim G estimate); and

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances acknowledged by the evidence as mentioned in the above and the statement of the mental appraisal report against the defendant, namely, it is recognized that the defendant has a weak mental and physical state due to exchange rate and the damage network, and the network mental disorder showing symptoms of the real judgment ability, and unless the mental treatment is performed, it seems that the risk of recidivism exists, and the defendant has broken his own own glass for more than 3 to 4 years from the above case, or robbery at home without any particular reason in addition to the entrance.

(b).