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(영문) 부산지방법원서부지원 2020.09.10 2020고단613
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

Around February 19:14, 2020, when the Defendant lacks the ability to discern things or make decisions due to symptoms of mental illness, such as a summons, etc., the Defendant laid the entrance door of the Victim C, which is a tree (118cc in length, 4.5cc in width), which is a dangerous object that the victim was kept in the Defendant’s house, on the ground that the victim’s house located in Busan Seo-gu, did not open the door before the victim’s house located in Busan Seo-gu, the Defendant laid down the door door of the Victim’s house, and then laid down the door door of the victim E, which is the victim’s house, and then laid down the door door of the victim E in the same Gu as the next house.

Accordingly, the defendant carried dangerous objects and damaged the entrance of the victim C to cover repair costs of about 200,000 won, and damaged the entrance of the victim E to cover repair costs of about 1,50,000 won.

Summary of Evidence

1. The application of investigation reports on the preparation of the defendant's statement C in his/her legal statement, photographs of the scene of damage attached to one copy of the statement of the suspect's mental illness hospital, and photographs used for the crimes attached thereto;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act, Article 2-3 subparag. 1, and Article 44-2(1) and (2) of the Medical Treatment and Custody, etc. Act (the defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act, and has committed an offense entailing imprisonment without prison labor or heavier punishment. In light of the defendant's situation, the background and details of the crime in this case, the defendant's behavior before and after the crime, and the details of the defendant's medical treatment, etc., the need to receive medical treatment from the defendant and the risk of recidivism is recognized) is that the defendant

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