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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 becomes final and conclusive.
Reasons
Criminal facts
Defendant
A person subject to medical treatment and custody (hereinafter referred to as “defendants”) has weak decision-making ability when he/she has shown symptoms of mental illness, such as bipolartic disorder and aggressive inclinations accompanied by aggressive inclinations;
1. Destruction of articles equivalent to 3,402,660 won in total of market prices, such as television, toilet glass and kidows, which had been located in a guest room in a 601 guest room located in Jung-gu Seoul, Jung-gu, Seoul, by means of gathering scam, chairss, etc. inside the guest room at around 00:50 on January 24, 2013;
2. Around 02:10 on January 27, 2013, around 02: (a) the product was damaged in total amount of KRW 3,886,00 in the market price, such as television, liquid, etc. owned by the injured party, which was located in the guest room, by gathering the chairs, etc. inside the guest room located in Jung-gu Seoul, Jung-gu, Seoul.
Accordingly, the defendant damaged the victims' property in a total amount of 7,288,660 won through two times.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of the police officer G and H;
1. Photographs and damaged photographs;
1. Reporting on the details of damage caused by guest rooms of 2436, and the application of the statutes governing cases of claiming expenses;
1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;
1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment as provided for in Article 2 of the Judgment with heavier punishment);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act does not require a strict punishment of the defendant in that the defendant did not know about the fact that he had been sentenced four times to a fine due to the crime of injury, etc., and committed each of the crimes of this case. However, there is no need to punish the defendant in the sense that he did not compensate for the damage.