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(영문) 서울남부지방법원 2013.04.05 2012고합796
일반물건방화등
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2012, the Defendant was sentenced to two years of suspension of execution for six months in Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) and the judgment became final and conclusive on November 30, 2012.

【Criminal Facts】

The Defendant committed each of the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to dementia of tsunami:

1. Damage to property;

A. On September 1, 2012, the Defendant destroyed and damaged the radioactive part equivalent to KRW 50,000,000, in the front parking lot of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, 1318, on the ground that another dong person parked in the said parking lot, on the ground that the other dong is parked in the said parking lot.

B. On October 10, 2012, at the above parking lot around 09:30 on October 10, 2012, the Defendant destroyed and damaged 10,000 won by cutting down the above lebane owned by the victim D for the said reasons.

2. Fire prevention of general goods;

A. On October 12, 2012, the Defendant: (a) around 12:30 on October 12, 2012, at the storage room for the foregoing C Apartment 1319, the Defendant: (b) attached a bubbb to a bubus that had been possessed in a bublue located within the Mablu, which was put by residents to sell as recyclable goods; and (c) destroyed a fire by setting fire to a bubus and a

B. On October 13, 2012, the Defendant: (a) around 21:25, at the storage room of the foregoing C Apartment 1318, the Defendant: (b) destroyed a part of the wave and mastur powder by attaching a fire to a bubus that had been possessed in the Maburos that had been collected by residents to sell as recycled goods; and (c) destroyed a fire to the public.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of the F, D, and G;

1. Each statement of H, I, J, and K;

1. Mental appraisal;

1. Inquiries for the fact (Seoul Southern Detention Center);

1. Written estimate;

1. Application of the Acts and subordinate statutes related to photographs and written estimates of damaged dives;

1. Article 366 of the Criminal Act (the point of causing property damage and the choice of imprisonment), and Article 366 of the Criminal Act concerning the crime, respectively;

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