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Reasons
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(영문) 의정부지방법원 2016.11.25 2016고단1096
특수재물손괴등
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A defendant shall be punished by imprisonment with prison labor for up to six 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

1. In the state that the Defendant suffered special property damage lacks the ability to discern things or make decisions due to a man-time illness, the Defendant: (a) 13:30 on January 5, 2016, sent back the iron gates of the victims to the victim D and E, which are dangerous objects (78cm in total length, 12cm in size x 19cm in size) with the victim D and E, which were in front of the house of the Government-si, without any special reason.

Accordingly, the defendant carried dangerous articles and damaged the 100,000 won of repairing costs.

2. In a state that the Defendant, due to a special illness, lacks the ability to discern things or make decisions, the Defendant committed the crime under the above paragraph (1) and committed noise by entering the house of the victims E with the above gate and entrance door.

Accordingly, the defendant carried dangerous articles and invaded upon the victims' residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Records and lists of police seizure;

1. As to the investigation report (as to the probability of damage)

1. The following facts are asserted to the effect that the Defendant was in a habitual condition due to the injury and injury of the Defendant at the time of the instant crime. According to the records, it is recognized that the Defendant was suffering from the injury and injury at the time of the instant crime, but it is not recognized that the Defendant had the ability to discern things or make decisions due to the circumstance leading to the instant crime, the details of the crime, the attitude of the Defendant, and the circumstances before and after the instant crime, etc.

1. Relevant provisions of the Criminal Act and Articles 369(1), 366 of the Criminal Act regarding the facts of the crime and Articles 320 and 319(1) of the Criminal Act (a special intrusion on residence);

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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