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(영문) 서울남부지방법원 2020.05.21 2019고합486
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On April 24, 2019, the Seoul Southern District Court sentenced the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") to imprisonment with prison labor for ten months and a fine of three million won for property damage. On September 27, 2019, the Seoul Southern Southern District Court completed the execution of the sentence on September 27, 2019.

【Criminal Facts】

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to mental illness, such as stimulative disorder, etc.:

1. The Defendant, who entered a residence, was in a relationship between B and December 2017, and was in a relationship between B and B, but thereafter, was living together.

Around October 24, 2019, the defendant demanded B to be paid at the house of the locked B, and B allowed B to be able to be locked except for low time for the defendant and the building administrator C to have his or her garment.

On October 28, 2019, around 14:00, the Defendant infringed on the second floor corridor through stairs although the victim C was at the multi-household house managed by Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the victim was at the time called the victim's entrance.

2. 재물손괴 피고인은 2019. 10. 28. 16:00경 전항 기재 다가구 주택 2층 끝에 있는 B의 방 안에서 별다른 이유 없이 화가 나 세숫대야에 물을 받아 그곳 방안에 뿌려 전기가 누전되게 하고, 벽지, 이불 등이 젖게 하였으며, 그곳 아래층까지 물이 새게 하였고, 피해자 C 소유의 케이블TV 셋톱박스를 알 수 없는 방법으로 부숴 피해자의 재물을 손괴함으로써 그 효용을 해하였다.

3. When the Defendant, at around 17:00 on October 28, 2019, was arrested as a flagrant offender from F, a police officer belonging to the Seoul Young Military Police Station E District E District, who was dispatched to the site after receiving a report on the location described in the preceding paragraph, and at around 112, “a person who obtains access to and contests during his/her residence,” and called “a person who obtains access to water from the site,” he/she takes a bath and takes the face of F.

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