야간건조물침입절도등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant committed the following crimes under the status that he/she lacks the ability to discern things or make decisions due to recognition and functional disorder (age 5 years old, intellectual disability 2 level), etc.:
1. Larceny of intrusion on night buildings;
A. On October 28, 2017, around 01:50 on October 28, 2017, the Defendant: (a) intruded the D 10th floor in Songpa-gu Seoul Metropolitan Government with an emergency elevator from the D 10 floor to E2 floor; (b) caused the victim F to go into “G” operated by the victim F; and (c) stolen the victim’s market price, which was displayed in the store, with one 160,000 won or more, as the victim’s ownership.
B. On October 30, 2017, the Defendant, at around 03:30 on October 30, 2017, 157,000 won in cash, which was owned by the victim H, shall be collected from the victim’s possession, by taking advantage of the difference in I sales store operated by the victim H, after breaking the emergency elevator on the D 10th floor located in Songpa-gu Seoul Metropolitan Government, with the victim H.
L. A. L. theft was committed.
2. The defendant who attempted to larceny at night buildings: around 01:50 on November 4, 2017, intrudes into the D 10th floor in Songpa-gu Seoul Metropolitan Government with the victim’s 2nd floor, boarding an emergency elevator from the D 10 floor in Songpa-gu Seoul, and then leaving the cash possessed by the victim H in the account at the I sales store operated by the victim H;
However, it was attempted to commit an attempted wind, which is visible to the security personnel.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and H:
1. Application of ctv photographs-related Acts and subordinate statutes, such as the commission of crime;
1. Article 330 of the Criminal Act concerning the crime;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] 4 types of theft in general property (in April to January 1), the area of special mitigation (in April to June 6) / [the special mitigated person] in cases of intrusion into a place other than indoor residential space (type 4), mental and physical weak (in the absence of personal responsibility) / The decision of sentence / The victims are both offenders of mental and physical weak conditions.