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(영문) 대구지방법원 2016.02.02 2015고단3736
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 17, 2014, the Defendant was sentenced to the suspension of indictment for the crime of damage to property at the Daegu District Public Prosecutor's Office, and is suffering from mental fissions with symptoms, such as patition, etc.

In a state where the ability to discern things or make decisions due to mental disorder is weak,

1. On July 27, 2015, around 06:20, the Defendant: (a) found the victim E’s residence of the Daegu Suwon-gu, where the Defendant and C were killed in 10 years prior to the death of the Defendant; (b) and (c) broken the fluor’s disease, which is a dangerous object due to an unforeseen reason, toward the market price in favor of the Defendant.

2. On July 29, 2015, at the same place around 17:50 on July 29, 2015, the Defendant broken the beer and beer disease, which is a dangerous object due to an unforeseen cause, toward the market-free window.

3. On July 31, 2015, the Defendant: (a) at the same place on July 31, 2015, at the same time and around 05:29, at the same time, left five strings of concrete, a dangerous object due to fire, or at the market price, broken down the market incombustible glass.

4. On August 3, 2015, the Defendant broken the brick, which is a dangerous object due to a fire, at the same place on August 3, 2015, and at the same time, broken down the brick toward the market influence.

Accordingly, the defendant carried dangerous objects four times and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (suspect F hospital escort);

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

1. Selection of each sentence of imprisonment;

1. Reduction of mental and physical drugs: Article 10 (2) and Article 55 (1) 3 of the Criminal Act;

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. A crime falling under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence (the scope of recommendations / [the scope of punishment ] habitually, repeated crime and special damage (Habitual, repeated crime, special damage, etc.) of the mitigated area ( April-10) [the person who has been specially mitigated] the mental and physical weakness (the scope of recommendations / [the person who has no responsibility for himself/herself] of the mitigated area.

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