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(영문) 서울중앙지방법원 2017.11.23 2017고단4039
재물손괴등
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

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to the indeption of decentralization:

1. On May 23, 2017, at around 06:03, the Defendant damaged the part of the right direction and the left side part of the water repair cost, without any justifiable reason, by going beyond the victim D’s 600i Ortoba, in the first floor parking lot of Seocho-gu Seoul Metropolitan Government Seoul Seocho-gu Seoul Metropolitan Government C Building.

2. 협박 피고인은 2017. 5. 23 08:00 경 서울 서초구 F에 있는 'G' 매장 앞 인도에서 EBS 교육방송 영상을 촬영하고 있던 피해자 H( 여, 26세 )에게 다가가 아무런 이유 없이 피해자의 어깨를 밀치고, 소지하고 있던 나이프( 총 길이 20cm, 칼날 길이 9.8cm )를 손에 쥔 채 피해자를 향해 휘두르는 행동을 하여 피해자를 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, and D;

1. Statement and list of police seizure;

1. Application of Acts and subordinate statutes to report internal investigation (the family statement of the suspect), internal investigation report (the securing and analysis of CCTV video recording), investigation report (the securing and analysis of CCTV video recording), and investigation report (the telephone investigation);

1. Relevant provisions of the Criminal Act, Articles 366 and 283 (1) of the Criminal Act, the choice of punishment for an offense, and the choice of imprisonment, respectively;

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

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 and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act was not recovered, and the fact that the Defendant had been punished three times for the same kind of crime between 2011 and 2012 is disadvantageous.

However, it seems that the defendant has been suffering from tidal disease for a long time, and the suspension of the use of uniforms seems to have caused this case, and the victim only carried the knife knife of the aquaculture.

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