야간건조물침입절도등
The sentence of sentence shall be suspended for the defendant.
To order the accused to be subject to the protection and observation.
Punishment of the crime
The defendant is a person with a intellectual disability of the third degree.
The Defendant, due to intellectual disability, lacks the ability to discern things or make decisions;
A. On November 10, 2017, at the Young Middle School located in Eunpyeong-gu Seoul Metropolitan Government, 126-2 around 17:00, intrudes into the after door from the Young Middle School, via the after door, and, after entering the classroom C, remove a bridge indicating the “defeat” respectively from two punishments on the victim D and E’s school uniforms;
B. From November 24, 2017, around 18:00 after sunset, the said middle school intrudes into the said middle school by the said method, and enter the F Class, and remove the school tag indicating “eat” on the school uniform owned by the victim G from the said school uniform.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement prepared by H;
1. An investigation report (Confirmation between sunset);
1. An investigation report (to attach CCTV video CDs in the falling middle school) by applying Acts and subordinate statutes;
1. Article 319 (1) of the Criminal Act (a point of intrusion on a structure, choice of imprisonment), Article 330 (a thief for intrusion on a night structure, choice of imprisonment), and Article 329 (a thief for intrusion on a structure at night) of the same Act concerning facts constituting an offense, respectively;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Six months of imprisonment to be suspended;
1. Article 59 (1) of the Criminal Act (Consideration to the fact that it is a crime under a state of mental and physical weakness due to cadastral disorder, the agreed fact, the primary fact, etc.);
1. Article 59-2 of the Criminal Act on the observation of protection;