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(영문) 의정부지방법원 2018.03.28 2017고단5163
건조물침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to mental illness, such as a detailed uncertainty, due to mental illness.

1. On August 25, 2017, the Defendant infringed on a structure: (a) was in the beauty art room operated by the victim C (46 cm, n.e., n., n.e., kn.s.) located at the Government-si on August 25, 2017; (b) was in possession of a kn.e. kn., dangerous articles due to an unforeseen cause; and (c) opened an open door and entered into the beauty art room; and (d) intrude

2. The Defendant destroyed special property at the above date, at the above place, and at the above time and place, the above victim spawned the cre in which the beauty art room was spawned by personal use, and spawn as the above knife knife, which is an object dangerous to the spawn in the beauty art room on the ground of spawn, and damaged a standing signboard on the front of the beauty art room so as to require a considerable amount of the repair expenses

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes concerning photographs of damage and CCTV images extractions;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion on buildings), Articles 369(1), 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under Articles 62-2(1) and (2) of the Criminal Act, and Article 44-2(1) of the Medical Care, Care, etc. Act, for the observation of protection and order for medical treatment;

1. Punishment by law: Imprisonment with prison labor for not more than three years and not more than nine months;

2. Application of the sentencing guidelines [Scope of the recommended punishment] : Application of the sentencing guidelines for habitual, repeated, and special damage: (a) type 1 (Habitual, repeated, special damage, etc.) (4 months to 10 months) (special mitigation) [a person] mental or physical weakness (no one responsible for himself/herself), the final sentencing range due to the aggravation of multiple offenses: imprisonment for at least four months (the lowest limit of the recommended punishment is set according to the concurrent crimes that do not have the sentencing guidelines).

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