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(영문) 서울동부지방법원 2016.07.12 2016고단1110
특수주거침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From October 30, 2009, the Defendant had been receiving treatment as a divided mental disease from around October 30, 2009, and due to such mental illness, the Defendant had weak ability to discern things or make decisions.

1. Around 11:00 on March 2, 2016, the Defendant destroyed and damaged the defluent number height of the market price, which was installed at the entrance of the victim D of Songpa-gu Seoul building C, Songpa-gu, Seoul Metropolitan Government (Seoul), “On the ground that tiuriium fluor fluor fluor fluor,” thereby impairing its utility.

2. The Defendant, at the above time, destroyed the number height as above at the above time and place, and opened a door and intrudes into the room and the inside of the door by carrying dangerous articles, drums, pents, and pents.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each photograph;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes governing the place of mandatory records;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act concerning the selection of punishment (a point of special destruction or damage), and Articles 320 and 319(1) of the Criminal Act (a point of special intrusion upon residence);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Crimes of destroying special property [Scope of recommended punishment] Habitual, repeated crimes, and special damage: One type (Habitual, repeated crimes, special damage, etc.). (4 months to 10 months) (Special mitigated persons] mental or physical weakness (no one is responsible for such damage);

2. Determination of a recommended punishment according to the criteria for handling multiple crimes: The above crimes to which the sentencing criteria apply and the special residence intrusion crimes for which the sentencing criteria have not been set are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the imprisonment with prison labor for not less than four months is the lowest limit of the sentencing guidelines for special property damage.

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