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(영문) 서울남부지방법원 2016.11.10 2016고합451
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts and the facts constituting the cause of medical treatment and custody [criminal facts] The defendant had weak ability to discern things or make decisions at the time of committing the crime under the following conditions.

On June 22, 2016, at around 09:10 on June 22, 2016, the Defendant discovered a vehicle parked by a victim C and D in a parking lot located in Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, 392-1, and caused the repair cost to be KRW 2.40,000 by cutting off the front glass and back glass of the vehicle in the Eco-gu, the victim C.

The Defendant continued to scood the back glass of the F EcooS vehicle that is owned by the victim D with a brick so that the repair cost is KRW 220,000.

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

[Facts that cause of medical treatment and custody] A candidate for medical treatment and custody (hereinafter referred to as the "defendants") committed the same crime as the criminal facts in the state that he/she lacks the ability to discern things or make decisions due to mental symptoms, such as exchange, damage, unrealistic accident, limited sentiments, practical judgment disorder, lack of illness, etc.

Defendant needs to receive medical treatment at a medical treatment and custody facility and is in danger of repeating a crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Each written statement of D;

1. On-site photographs and estimates;

1. In light of the following circumstances, the defendant needs to receive medical treatment at a medical treatment and custody facility as a mentally handicapped person and is likely to repeat a crime, considering an investigation report, investigative report (the necessity of medical treatment at the time of marketing and danger of re-offending), a written statement attached to a written estimate for acceptance), a certificate of issuance of copies of medical records, a written judgment, a summary order, and a written mental appraisal as seen earlier:

(1) The defendant is entitled to wrong on the port.

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