[Criminal Power] On February 22, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspension of execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Changwon District Court's branch support on February 2, 2012, and the judgment became final and conclusive on March 2, 20

【Criminal Facts】

The Defendant, due to a mental disorder, is unable to discern things or make decisions;

1. On January 15, 2014, the phrase “A” operated by the victim D, who is located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on January 15, 2014, commits theft by putting the victim’s scarf 11, which is equivalent to KRW 6,00,00, at the victim’s market price, displayed for the purpose of selling at the entrance of the above Seodaemun-gun store by taking advantage of the gap where the victim’s surveillance was neglected;

2. On February 12, 2014, at the same place as at around 10:40, at around 10, 201, at the same time as at around 10:40, in the same manner as at around 39,00 won in the market value of the victim D, one winter, and five women’s scarfs, were stolen by placing them in clothes.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (as to the photograph of the damaged article and the checking of the damaged article)

1. Written estimate of damage;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (the same previous records and a copy of judgment attached to the period of probation of a suspect);

1. Habituality of the judgment: The application of the statutes to a theft is recognized in light of the following: (a) the defendant, including the records of the judgment, has been punished several times for the same crime; (b) the defendant has been punished for a fine or suspension of execution; (c) the crime is similar to the method of crime and the object of the crime; and (d)

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and the choice of limited imprisonment;

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

1. Discretionary mitigation;