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(영문) 대구지방법원 2018.06.26 2018고단80
특수재물손괴
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 was sentenced to a fine of KRW 700,000 on July 28, 2017 to a special property damage by the Daegu District Court, and a fine of KRW 1 million on December 8, 2017 to a special property damage by the Daegu District Court.

"2018 Highest 80" Defendant was divorced in around 2005 by marriage with the victim C (49) in around 1991, and was determined at Grade III mental disorders.

At around 05:50 on November 11, 2017, the Defendant collected hiversh (35cm in length) that is a dangerous object prior to possession on the ground that the Defendant’s residence was found in Dosan-si D apartment and 504 Do 1504 Do 1504, and did not open a door, and damaged the steel studs of 150,000 won at the market price.

On March 24, 2018, 2018, the Defendant found the victim C's residence, the husband of around 04:30 on March 24, 2018, which was divorced under the 504 dong 1504 dong 1504, and caused the damage to the market value by making the entrance door several times with the debris (30cm in length) which is a dangerous object for the reason that the victim does not open the door.

Summary of Evidence

"2018 Highest 80 "

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. 쇠s and photographs of the damaged places" 2018 Manomen 2057 Manomens;

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographs photographs of nets;

1. Previous convictions: Application of criminal history inquiry and investigation reports (the same type of suspect's records and pending trial cases)-related Acts and subordinate statutes;

1. Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense;

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 on the observation of protection;

1. As the defense counsel on the assertion of mental and physical weakness under Article 48(1)1 of the Confiscation Criminal Act has a mental disorder of grade 3 without delay, the defendant was in a state of mental and physical weakness at the time of committing the instant crime.

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