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(영문) 인천지방법원 2017.03.27 2016고단8782
재물손괴
Text

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

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

Reasons

Punishment of the crime

On February 7, 2014, the Defendant was sentenced to a fine of KRW 500,00 as an injury by the Incheon District Court. On February 18, 2014, the same court was sentenced to a summary order of KRW 1,00,000 as an injury, etc. on February 18, 2014. On June 13, 2014, the same court was sentenced to a fine of KRW 50,000 as an injury, and on August 13, 2014, the same court was sentenced to a violation of the Punishment of Violence, etc. Act (damage, etc. to the registration of a collective deadly weapon), and was sentenced to a suspended sentence of ten months on August 21, 2014, and the judgment was finalized on August 21, 2014, and was still under detention due to a interference with the execution of official duties in the Daegu District Court Kimcheon Branch on October 31, 2014.

Criminal facts

On November 14, 2016, around 12:00, the Defendant: (a) destroyed the 4 senior apartment complex in front of the Seo-gu Incheon, Seo-gu, Incheon apartment complex, on the ground that the victim D, who is the president of the above senior apartment complex, was placed in the rubber large area in order to hold the Kim Kim, on the ground that the market price of the victim owned by the victim, who was the president of the above senior apartment apartment complex, was the same as the garbage, and damaged the rubber large area by cutting the rubber gate into the floor, cutting down it on the floor, and

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Relevant Article 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 to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1) and Article 44-2(2) of the Medical Care and Custody Act, which have considerable criminal history, can find mental factors, including the polartic disorder, impulse disorder, and impulse disorder, for which treatment is urgently needed.

In light of the fact that the place of treatment for the principal and his family can be confirmed through the results of sentencing assessment, and that it is necessary for the protection and observation officer to supervise the faithful performance of the treatment obligation in the non-component state rather than isolation of the defendant from society.

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