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(영문) 제주지방법원 2018.11.02 2018고단1059
재물손괴등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has weak ability to discern things or make decisions due to stimulative disorder, etc.

1. On December 25, 2017, the Defendant damaged property: (a) around 13:53 on December 25, 2017, at the Defendant’s residence located in Jeju-si apartment C apartment, and (b) on the ground that Mamera is installed, the Defendant, using the Mamera on the ground that the market price of B apartment management office was lowered by 1.50,000 won; and (c) there was an incidental door, the market price of B apartment apartment management office was small at least KRW 50,000,000, 1,550,000, out of the window, where two windows were collected out of the window, and damage the sum of repair costs.

2. On the same date and time as stated in paragraph 1, the Defendant, who was guilty of a fire, attached fire fighting in front of the Defendant’s residence to the public corridor in front of the Defendant’s dwelling, and attached the body of the wall of the above public corridor, which was owned by the Defendant as a gas controller, thereby causing danger to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on the occurrence of a case, such as fire;

1. Relevant photographs;

1. Application of Acts and subordinate statutes confirming hospitalization;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 167 (2) and Article 167 (1) of the Criminal Act, and Article 167 (1) of the Criminal Act (the occupation of fire prevention against articles contrary to the date of prosecution for the person), and the choice of fines, respectively;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order has the same criminal history as the defendant, but there are circumstances to be taken into account the fact that the defendant has agreed with the victim, the circumstances leading to the crime have been taken into account, and the punishment as ordered shall be determined by taking into account the age, health conditions, environment, and circumstances after the crime.

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