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(영문) 인천지방법원 부천지원 2016.12.22 2016고단2105

야간건조물침입절도

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:40 on August 15, 2016, when the Defendant lacks the ability to discern things or make decisions due to shock disorder, the Defendant put the victim into Empt operated by the victim D in Seocheon-si, Seocheon-si, and intruded the victim into the above Empt with a plastic tent cover with corrective devices, and then came into a single fresh and a handbling one at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of each statute on photographs;

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The necessity of a medical treatment order and reason for sentencing under Article 62-2 of the Medical Treatment and Custody Act, Article 44-2 of the Medical Treatment and Custody, etc. Act / [Scope of recommending punishment] Type IV (4 to 16 months) of the Special Mitigation Zone (Special Mitigation Zone) for the Theft of General Property / [Special Mitigation Zone], mental and physical illness (decision on a sentence / a suspended sentence / a fine / a fine / a fine 8 times for the same larceny, in which the defendant committed the instant crime again despite the fact that the defendant committed the instant crime. Meanwhile, the fact that the defendant is against his/her mistake, the amount of theft damage is relatively small, and the defendant was suffering from symptoms of chronic cerebr in the two parts after his/her head was dissolved due to traffic accident around 2008, and the possibility of re-offending through hospital treatment is likely to be lowered, taking into account all the circumstances such as motive, family relation, order after the Defendant committed the instant crime, etc.