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(영문) 대전지방법원 2020.11.25 2020고단2553
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 14, 2020, the Defendant: around 09:11 on May 14, 2020, destroyed the back glass window to cover repair costs for dangerous things (14 cm, 10 cm in length) owned by DK5 vehicles, which are dangerous things (14 cm, 5 cm in length, 10 cm in length) owned by the victim C (Nam, 31) who was parked on the street, without any reason, on the front side of Daejeon U.S. B., and damaged FFFton vehicle, which is dangerous things (25 cm, 23 cm in length, 57) owned by the victim E (ma, 57) and was parked on the street so that the amount can not be known.

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

2. The Defendant of a special assault was able to take part in the victim C (Nam, 31 years of age) who became aware of the shoulder of the glass of the vehicle, such as the date and time as described in Paragraph 1, and at the same place as described in Paragraph 1, the victim was 10 cm away from the other dangerous objects on the street (Garo 10 cm).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to field photographs and investigation reports;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 369(1) and 366 of the Criminal Act that choose the penalty, Articles 261 and 260(1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is that the method of sentencing of the instant crime is dangerous, and thus, the liability for the instant crime is not weak.

Until now, the fact that the defendant committed the crime of this case without being aware of the fact that he had been punished several times for violent crimes shall be considered disadvantageously.

However, the fact that it is a crime due to mental illness, such as a loss from disability, is endeavoring to treat the disease at present, and it is very large.

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