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(영문) 전주지방법원 2018.07.13 2018고합19
재물손괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is in a state that a person with the force from the early illness has weak ability to discern things or make decisions due to mental or physical disorder.

On October 29, 2017, at around 06:05, the Defendant found the victim C's house located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on October 29, 2017, and went away from the front angle of his bullying, and damaged the victim's property by shocking five strings of the market price of the victim's own glass, and destroying two strings of the shocked glass window.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. A photograph of the damaged scene;

1. Written opinion (suspect A's assistance);

1. Application of Acts and subordinate statutes to report generation of goods and report internal investigation;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Articles 10(2) and 10(1) and 55(1)6 of the Criminal Act to mitigate mental and physical weakness (a) (a defendant is deemed to have committed a crime under the influence of discerning things or lacking the ability to make decisions at the time of committing the instant crime due to early illness, and mental and physical weakness are mitigated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines not exceeding 3.5 million won;

2. The scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply because of the choice of fines.

3. Determination of sentence: The crime of this case in the amount of a fine of KRW 3 million was committed by the defendant, resulting in the injury of four glass windows owned by the victim during the period of repeated crime, and two shocks.

The defendant was unable to reach an agreement with, or to recover from, the victim.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and against the mistake, the fact that the crime of this case was committed under the mental and physical weakness, and the fact that the damage from the crime of this case was not serious.

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