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(영문) 광주지방법원 2017.02.03 2016고합516
특수재물손괴
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

A person who applies for a medical care and custody shall be punished.

Reasons

On December 17, 2015, the Defendant was sentenced to imprisonment with labor for one year and a fine of one hundred thousand won on July 28, 2016 by the Gwangju District Court for special property damage, etc., and completed the execution of the sentence in the Net Prison on July 28, 2016.

[Criminal facts] The Defendant is a person who lacks the ability to discern things or make decisions due to a man on the face of a man-made disorder.

At around 18:50 on August 5, 2016, the Defendant: (a) destroyed the gate, which was a dangerous object of a Fststama car driven by the victim E (50 years old) on the front of the D gas station located in Gwangju Northern-gu, for the reason that the Defendant would have been interested in the society due to his economic situation and other people; (b) damaged the gate, which was 388,914 won in repair cost, 6 vehicles in total six times, as shown in the list of crimes attached hereto, with a view to 2,879,077 won in repair cost.

[Facts of the cause of the medical care and custody] A person who requests the medical care and custody shall have committed each of the crimes of this case falling under imprisonment without prison labor or heavier punishment as stated in the facts constituting the crime in the judgment, when the person lacks the ability to discern the object or make decisions, and need to receive treatment at the medical care and custody facilities,

Summary of Evidence

"Criminal facts of the judgment"

1. Statement by the defendant in court;

1. Each statement of G, E, H, I, J, and K;

1. Photographs of each damaged vehicle;

1. An investigation report (verification of cost of repairing damaged vehicles and preparation of a list of crimes);

1. Before the judgment: According to the evidence duly adopted and examined by this court, a reply to inquiry, such as a copy of the judgment, the personal confinement status, and criminal history, "the necessity of treatment in the judgment and the risk of recidivism", the person who has the right to request the treatment and custody for the victim has symptoms such as the impairment of the damage net, the overarched situation, the exchange, and the fact-finding disorder, etc. due to the network-oriented illness.

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