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(영문) 서울서부지방법원 2014.05.30 2014고단953
공용물건손상등
Text

A defendant shall be punished by imprisonment for six 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

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to mental illness such as non-social personality disorder:

1. On April 25, 2014, around 20:10, the Defendant interfered with the performance of official duties: D’D in Yongsan-gu Seoul Metropolitan Government, “In front of the street,” and the slope F belonging to the Seoul Yongsan Police Station E zone called out after receiving a report from the convenience store 112, asked the Defendant about his personal information and the process of avoiding disturbance, etc., and interfered with legitimate execution of duties concerning the handling of the police officer’s 112 report at one time, etc.

2. On April 27, 2014, at around 02:10 on April 27, 2014, the Defendant damaged public objects by opening a lid, such as opening a gate, in which the warrant of detention was applied for the obstruction of performance of official duties as stated in the preceding paragraph, and then re-enters the column of the disturbance on two occasions, such as opening the gate, inside the gate, etc., on his hand, but at around 03:10 on the same day, the Defendant damaged the goods used by public offices inside the country.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to investigation reports (related to damage to public goods);

1. Articles 136 (1) and 141 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [the scope of recommending punishment] The mitigated area of obstruction of performance of official duties (one to eight months) (special mitigation person] of the mitigation area (one to one month), the mental health-disadvantaged person [the decision of sentence] appears to have reached the crime of this case due to the unhealth of the defendant, and there is no other force of punishment other than that of a fine.

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