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(영문) 광주지방법원 2018.04.12 2017고단3960
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has lost the ability to discern things or make decisions due to detailed uncertainty.

1. On August 21, 2017, the Defendant: (a) around 11:35, the Seo-gu Seoul Metropolitan City, Seo-gu, Gwangju, without any justifiable reason, destroyed a vehicle of approximately KRW 195,250,00 in repair cost, with a hack pipe (1m in length) which is an object dangerous to the front glass of the “flading” passenger vehicle owned by the victim C; and (b) the victim’s “flading” passenger vehicle owned by the victim D, with a hack pipe (1m in length), which is an object dangerous to the front glass of the “flading” passenger vehicle; and (c) thereby, destroyed the vehicle of KRW 195,250 in repair cost.

2. On August 21, 2017, at around 11:45, the Defendant damaged the repair cost by smelling the entrance doors and automatic door glass owned by the victim FFF association, which are dangerous goods in Seo-gu Seoul Metropolitan City “FF association” (1m in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, D, and G;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs, such as damaged articles;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental and physical weakness (a) of the Criminal Act ( comprehensively taking account of the medical certificate, the records and arguments of this case at the State Hospital, H hospital, and I’s medical clinic as shown in the records and arguments, the details of the instant crime, the developments and methods of the instant crime, the Defendant’s attitude or content in the investigative agency, etc., the Defendant appears to have committed each of the instant crimes in the state that he/she committed the instant crime in the state that he/she had a lack of ability to discern things or make decisions due to

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, Article 2-3 subparag. 1 and Article 44-2 of the Medical Care, Custody, etc. Act (the defendant committed each of the crimes of this case under the mental and physical weakness), and the defendant's seal.

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