On May 16, 2018, at around 03:30 on May 16, 2018, the Defendant stored plastic goods in front of the Incheon Yeonsu-gu apartment security room, and discovered the key of the guards' room room, opened the corrective guards room and intruded into the guards' room, and cut off with 19 plastic garbage bags equivalent to approximately KRW 8,890 in the market price managed by the victims C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Each photograph;

1. Application of the Act and subordinate statutes to investigation report (Listening to the statement of the instant apartment security guards C);

1. The defense counsel to judge the mental and physical weakness of Article 330 of the Criminal Act regarding the crime of this case was in a state of mental and physical weakness due to intellectual disorder at the time of the crime of this case

The argument is asserted.

The records show that the defendant is a disabled person of class 2 of intellectual disability. However, in light of the circumstances revealed in the arguments of this case, such as the background of the crime of this case and the actions of the defendant before and after the crime of this case, the defendant had weak ability to discern things or make decisions at the time of the crime of this case.

It does not seem that it does not appear.

Therefore, the defense counsel's assertion is not accepted.

In light of the fact that a thief commits a larceny by damaging a structure at night without being aware of it during the period of suspension of the execution of the reason for sentencing, it is not good that the crime is committed.

However, in consideration of the fact that the defendant led to the crime of this case due to the confession of the crime, the damage is minor, the disabled of class 2 with intellectual disability and the difficulty of living, the punishment as ordered shall be determined.