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(영문) 광주지방법원 순천지원 2018.08.23 2018고단1441
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, under the status that he/she is unable to discern things or make decisions due to editing illness, around May 7, 2018, in front of the studio room room in which the victim D residing in Macheon-si C around 11:30 on May 7, 2018, the Defendant was living in the house of the victim.

In addition, it was destroyed by using a glusium, which is a dangerous object of thought, by using a glusium, so that the repair cost equivalent to 100,000 won is damaged.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of the damaged scene;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to photographs of criminal tools);

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. An unfavorable circumstance is that the Defendant committed the instant crime during the period of repeated crimes of the same kind, which has the same criminal records and multiple criminal records as the Defendant with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, but the instant crime was committed in a state that the Defendant was physically and mentally weak due to early illness. The instant crime was committed in a state that the Defendant committed the instant crime, not with much emphasis on the damage caused by the instant crime, but with little consensus with the victim, and the Defendant made efforts to prevent further damage caused by his own on-site illness through mental treatment, etc.

The defendant's age, sex, family relationship, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case shall be comprehensively considered, and the punishment shall be determined as ordered by the Disposition, taking into account the following circumstances.

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