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(영문) 수원지방법원 안산지원 2017.08.17 2017고단1357
공용물건손상
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 15, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to interference with business, etc. in the support of Suwon Fagwon, and completed the execution of the sentence at the Gagsung Vocational Training Prison on May 10, 2017.

【Criminal facts】 The Defendant committed the following crimes under the status that he/she was unable to discern things or make decisions due to a mental division disease:

At around 05:05 on May 20, 2017, the Defendant: (a) discovered the E net patrol vehicle parked in the said police box at the police box of Ansan-si, Ansan-si, Masan-si, Masan-si, Sinsan-si, Sinsan-si on May 20, 2017; (b) found the 320,00 won of the patrol vehicle, which was kept in front of the patrol box in a size of 17 cm in diameter; and (c) damaged the patrol vehicle by placing a stone of the size of 17 cm in front of the patrol box.

Accordingly, the Defendant destroyed the goods used by public offices, thereby impairing their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Written estimate of repair;

1. Relevant photographs, black stuff photographs, and photographs used for committing a crime;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the current status of personal confinement, investigation report (Attachment of judgment, etc. on a suspect), and sentence of judgment, etc.;

1. Mental and physical weakness: Application of Acts and subordinate statutes, such as judgment, text, etc., investigation report (Attachment, etc. of a detailed statement of mental appraisal by a suspect), and notification of the results of

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical weakness [the scope of recommending punishment] The grounds for sentencing under Article 10(2) and Article 55(1)3 of the Criminal Act [the scope of recommending punishment] the mitigated area (one to eight months) [the person with a special mitigation] mental and physical weakness (no one responsible for him/her] [the decision of sentencing] recognized the defendant's mistake, and the defendant committed the crime of this case in a state of mental and physical weakness caused by man's mental disorder.

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