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

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to mental illness of Grade II due to mental illness of Grade II.

1. On February 12, 2019, at around 13:26, the Defendant cut off one of the “GX2” smartphones owned by the victim and displayed at a store operated by the victim C on the eightth floor of Yongsan-gu Seoul Metropolitan Government building B, with no employee.

2. On February 12, 2019, the Defendant cut off one of the new “GX2” smartphones equivalent to KRW 80,000,00 in the market price owned by the victim in addition to returning to the same place where smartphones that were stolen due to the crime described in paragraph (1) are not operated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. To make a report on investigation (to hear statements from victims);

1. Investigation report (on-site CCTV images);

1. Mental health and medical treatment certificate and application of Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 329 of the Criminal Act;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: Each category of larceny [decision of types] (a thief, etc.) (a thief in general property) and mitigation element (a thief in special form] - the area of mitigation [a person who is not responsible for himself/herself], the area of mitigation (a person who is not responsible for himself/herself/herself/herself], and one month to six months of imprisonment;

(b) Criteria for handling multiple crimes: One month to nine months of imprisonment (the lower shall be one month which is the lowest limit of basic crimes, and the upper limit shall be six months which is the maximum limit of basic crimes plus three months which is 1/2 of the upper limit of concurrent crimes);

3. Determination of sentence: Three months of imprisonment, one year of suspended sentence (unfavorable circumstances) and three times of the same past force (non-contributed circumstances), mentally ill-contribute, recovery of damaged products, and