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(영문) 인천지방법원 2014.08.27 2014고단5176

절도미수등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief, when the Defendant lacks the ability to discern things or make decisions due to shocking and shocking disorder (Grade II), etc., the Defendant attempted to commit an attempted crime by exposing F, who was at night watche, was exposed to the Defendant, who was at night, and was trying to steal the cash of the calculation unit in the store after having laid the door door, which was managed by the victim D, located in Seo-gu Incheon, Seo-gu, Incheon, by using a coverter, around July 5, 2014. < Amended by Act No. 12534, Jul. 5, 2014>

2. On July 5, 2014, around 02:08, the Defendant: (a) intruded into the room E 209 prescribed in paragraph (1) and took cash 122,000 won, check cards, etc., owned by the victim G; (b) was stolen on the ground that the Defendant, at night, had weak ability to discern things or make decisions due to shock disorder (class II with mental disorders); and (c) invaded into the room E 209, which was located in the part of the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes to photographs (a tent photographs, walletss, etc.);

1. Relevant Articles 342 and 329 of the Criminal Act, Article 330 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence for the sentencing guidelines: the scope of crimes 1 [the scope of the recommended sentence] for the crimes 4 types of larceny for general property [the scope of the punishment ] for the mitigation area (8-1-1-6 months] for the mitigation area (the specially mitigated person] for the mental health and physical disability (the scope of the recommended punishment ] 2 types of larceny for the general property (the scope of general larceny) for the mitigation area (4-10 months) for the mitigation area (the special mitigation person] for the mitigation area (4-4-10 months) for the general property (the person who has no responsibility for the person in question) for the mental health and physical disability (the person in question is not responsible):

2. The decision of sentence recognizes and reflects the crime of this case, and the defendant suffers from mental illness, which is a mental patient.