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(영문) 창원지방법원 2019.02.14 2018고단1020
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 18:29 on April 3, 2018, the Defendant: “D mental hospital operated by the Victim C in Kimhae-si, Kim Jong-si; the Defendant, when hospitalized and being treated, performed drinking by himself after having discovered his intention of discharge from the hospital, and found him to be hospitalized at the above hospital, but the Defendant refused to be hospitalized, but caused the debris (10cm in total length, 37cm in length, 10cm in length), which is a dangerous object that was prepared in advance for the reason that it became difficult to refuse to be hospitalized at the above hospital, caused the victim’s 4th floor above the 4th floor through the stairs of the above hospital, and caused the damage to the victim’s 1 and 4th floor above the 4th floor by cutting down two entrance kh hand on the victim’s own, which was carried by the stairs of the above hospital.

Accordingly, the defendant, carrying dangerous articles, destroyed the property owned by the victim so that the amount of 500,000 won is equivalent to the repair cost.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Written estimate;

1. Application of Acts and subordinate statutes to each photograph (No. 2, 3, 4, and 7 No. 1135 of the evidence list);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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