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(영문) 서울서부지방법원 2020.08.18 2020고단1928
건조물침입
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, in the state of having lost the ability to discern things or make decisions due to editing and modern illness, came to a 17 set of “camp guardian” managed by the U.S. 8 group, the victim in Yongsan-gu Seoul, Yongsan-gu, Seoul, 237, around April 3, 2020, and intruded the structure against the victim’s will, such as going to the camp from April 4, 2020 until around 11:00.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. A mentally ill-minded person: Application of Acts and subordinate statutes for report on internal death (a mental health and hospitalization);

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. In full view of Articles 10(2) and 55(1)6 of the Criminal Act for the mitigation of mental disorders and injuries (the fact that the defendant suffers from Compilation and Maternal Disease, the background of the crime in this case, the actions of the defendant before and after the crime, the attitude or contents of the defendant's statement, etc., it is judged that the defendant was in a state that he lacks the ability to discern things or make decisions due to editing and Maternal Disease

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the health conditions of the defendant, the family members of the defendant's efforts to treat the defendant, the criminal records, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, and all other factors of sentencing specified in the records and arguments of this case shall be comprehensively considered.

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