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Reasons
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(영문) 대전지방법원 천안지원 2018.01.18 2017고정311
재물손괴
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 22, 2016, the Defendant damaged the said vehicle to repair the said vehicle to KRW 571,360 on October 22, 2016, from the private distance of the Northwest-gu, west-gu, Seoul, and the Civil Women's Culture Center, in a situation where the Defendant had weak ability to discern things or make decisions due to the marc disorder of the marc spectrum, on October 22, 2016.

Summary of Evidence

1. A written statement (C);

1. Data on photographs of damaged vehicles;

1. Written estimate of damage;

1. A report on investigation (with respect to video materials of damaged vehicles).

1. The mental and physical weakness of the judgment: The defendant committed the crime of this case in a state that the defendant lacks the ability to discern things or make decisions due to a scromatic disorder, taking into account the figures seen in the investigative agency and this court, the statement protocol (E), a copy of medical records (in the face of 27 pages of investigation records), a certificate of appraisal results, etc.

Application of Statutes

1. Relevant legal provisions and Article 366 of the Criminal Act concerning the crime. Article 366 (Selection of Penalty)

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

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (a) (a defendant is in a state of mental and physical weakness as a result of mental appraisal;

However, considering the attitude in this court, the degree of mental and physical weakness is serious even among the mental and physical weakness.

It appears that the result of the sentence of a fine to the defendant is highly likely to be transferred to the defendant's set, and considering the fact that the defendant does not have any criminal record except for the issuance of a summary order of KRW 100,000 won on one occasion).

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