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(영문) 의정부지방법원 2019.05.01 2018고단4614
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

(b) can be used;

2. The defendant's defense counsel asserts that the defendant should be acquitted in accordance with Article 10 (1) of the Criminal Act because the defendant was in a state of mental disorder due to mental disorder at the time of committing each of the crimes in this case.

In full view of the following factors: (a) the Defendant’s words and behavior, and the form and degree of the force of the Defendant’s use before and after each crime acknowledged by the evidence duly adopted and investigated by this court; and (b) the Defendant does not seem to have been in a state of mental disorder beyond mental and physical disability at the time of committing the

The above assertion by the defense counsel is not accepted.

The reason for sentencing [Scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] 1 crime (Embezzlement: 100 million won): The special mitigation area (a person with mental disability, a person who is not subject to punishment, and a person who has been subject to obstruction of performance of duties) 2 and 3 (a person who has been subject to mitigation): the mitigation area (a person with mental disability, a person with mental disability, a person who has been subject to obstruction of performance of duties) and the scope of sentence according to the sentencing guidelines for multiple crimes * The scope of sentence according to the sentencing guidelines for multiple crimes * Other crimes on which the sentencing guidelines have not been set * April 20, 1 or April 20, so imprisonment for not less than one month [decision of sentence] the defendant was sentenced to violent crimes and a person who has been subject to punishment for damage on several occasions even before the sentence is sentenced.

Among each of the crimes of this case, the crime of causing damage to special property is characterized by significantly infringing the peace of residence of those residing in the relevant residence, and the crime of obstructing performance of official duties is an offense that is not good quality in that it makes it difficult to exercise the appropriate exercise of public authority, which is the basis of a rule of law, and the damage is returned to the majority of people.

In light of the type and degree of the defendant's use in each crime, it is necessary to punish the defendant strictly.

However, the defendant suffers from mental illness such as stimulative disorder.

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