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(영문) 대구지방법원 서부지원 2017.09.13 2017고단356
특수재물손괴등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant committed the following crimes in a state that mental disorder lacks the ability to discern things or make decisions:

1. Damage to special property;

A. On January 4, 2017, at around 09:30, the Defendant left the apartment complex parking lot of 38-gil 22,200, the 38-lane 2,40,000, with the compensation of the State bond in Daegu-gu, Seo-gu, Seo-gu, Seoul, the Defendant left the apartment complex, with a knife knife (the knife No. 1, the knife 200, the knife knife knife knife knife k

Accordingly, the defendant, carrying dangerous articles, destroyed the car owned by the victim so that the amount of 176,00 won is equivalent to the repair cost.

B. The Defendant, at the time and place set forth in paragraph 1(a) at the time and place, set the F SPP car owned by the victim E, followed by a knife which is a dangerous object after the left-hand side of the victim E-owned vehicle.

Accordingly, the defendant, carrying dangerous articles, destroyed the car owned by the victim so that the amount of 102,410 won is equivalent to the repair cost.

2. A special assault Defendant: (a) referred the victim G(68 years) as “Yeman Feman Feman Feasia” on the road in front of the management office of the apartment complex in the 38-gil-gu, Daegu-gu, Seo-gu, Seoul-gu (hereinafter “Weman Feman Feman”) with compensation for State bonds; and (b) led the victim G (68 years) to the body part of the damaged knifef, which is a dangerous thing without any reason.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. E statements;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographs, reports on internal investigation, and written estimates;

1. Articles 369(1), 366, 261, and 260(1) of the Criminal Act of the relevant Act concerning criminal facts, the selection of fines (such as reimbursement of damages, and full agreement with victims, etc.)

1. Article 10(2) and Article 55(1)6 of the Criminal Act (the medical certificate received on July 21, 2017) for mitigation of mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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