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(영문) 서울서부지방법원 2014.04.29 2014고합19
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In a state that the Defendant had weak ability to discern things or make decisions due to a mental fissionability disorder, on April 2, 2012, the Defendant attempted to extinguish the said building by attaching a white paper to a string container (Evidence 2) held by an electric container installed at a certain point, but failed to complete an attempt, even though the Defendant failed to complete an attempt by setting fire to a 365cop, which is a general structure owned by the victim community credit cooperative in Eunpyeong-gu Seoul Metropolitan City, Seoul, at around 20:10 on April 2, 2012, which is a general structure owned by the victim community credit cooperatives, and owned by the victim community credit cooperatives.

2. The Defendant who damaged property was unable to discern things or make decisions due to a mental fissionability disorder, and destroyed the cash payment machine by means of a motor vehicle key (Evidence No. 1) possessed at the above temporary location without any justifiable reason, so that the cash payment machine owned by the victim community credit cooperatives can be influenced.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. Seizure records of police preparation;

1. A criminal investigation report (to attachCCTV photographs);

1. Application of the sentencing investigation report and inquiry report (D, E) and statutes;

1. Relevant provisions of the Criminal Act and Articles 174 and 166 (1) of the Criminal Act (the occupation of attempted crime of general buildings and fire prevention) / Article 366 of the Criminal Act (the occupation of causing damage to property and the choice of imprisonment with prison labor);

2. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;

3. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act (the crime of attempted fire-prevention of general structures);

4. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the punishment prescribed for the crime of attempted fire-prevention of general buildings and the long-term punishment for the above two crimes).

5. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

6. Probation of the Criminal Act;

7. The defendant's assertion of confiscation Article 48 (1) 1 of the Criminal Act.

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