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(영문) 서울서부지방법원 2016.11.23 2016고단2922
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation, the victim C and D are E hotel employees, and the victim F is a G hotel employee.

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to mental illness caused by stimulative disorder:

1. On 21, 2016, around 08:35 on 08:0, the Defendant entered a hotel log in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and destroyed, without any justifiable reason, one electronic siren and one string computer owned by the victim E, and the market price of which was located in a carculter, one stringer in the city, one stringr in the city, one stringr in the city, one stringr in the city, and one stringr in the city of the city of Samsung Galthom-gu, Samsung 10.1 stringt, and one stringer in the city of the city.

2. The Defendant interfered with the business of the Defendant: (a) obstructed the victim C and D’s hotel business by force by force, such as: (b) leaving the time and place as set forth in the above 1.1. (c) leaving an electronic siren and blost computers on a hotel bridge; and (d) holding them in his hand.

3. When the Defendant damaged the E hotel’s property and interfered with the business at the time and place set forth in the above 1.1. A victim F assaulted, without any reason, the victim F, when he was flicked the victim D’s left side, and damaged the hotel’s property and interfered with the business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and C;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of fines for a crime (the points of violence), and the selection of fines for a crime (the points of punishment for a mental illness, such as confession, reflectivity, and the points of receiving treatment with mental illness), shall be considered

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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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