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(영문) 수원지방법원 안양지원 2015.05.21 2015고단93
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) (collectively, deadly weapons, etc.) in the state that the Defendant lacks the ability to discern things or make decisions due to stimulative disorder, the Defendant, at around January 4, 2015, damaged the victim’s house in Ansan-gu, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, Mayang-si, by misapprehending that the victim was hiding his/her male room, and by misunderstanding that the victim was hiding his/her male room, “E was hidden, anywhere he/she was hidden,” and she damaged the victim’s market value at approximately KRW 200,000,00,00,000

2. The Defendant in violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) threatened the victim by threatening him/her as if he/she were at the same time and at the same place as in the preceding paragraph, with the lack of the ability to discern things or make decisions due to stimulative disorder, and threatening him/her to threaten him/her as in case of each item, which is a dangerous object, with the same reason as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. Application of Acts and subordinate statutes governing hospitalization;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (a threat to carry dangerous articles);

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act that are legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations: Imprisonment for two months to one year;

(a) Type IV (Habitual, Cumulative, Special Intimidation) (2 to one year) of the special mitigation area;

(b) a person with mental disability who is a special mitigation (not responsible to him), or a person not subject to punishment (including a serious effort for the recovery of damage);

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