[Majority Opinion] On July 1, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court, and completed the execution of the sentence on February 27, 2017.

[2017 Highest 1698] The Defendant, as a person with a third level intellectual disability, had weak ability to discern things or make decisions, opened a cafeteria operated by the victim D in Kimhae-si on April 5, 2017, and intrudes into the cafeteria, which was operated by the victim D and did not correct, and brought about 12,00 won in cash owned by the victim, who was in the way of calculating the cafeteria in order to view it as the head of the Maart.

[2017 Highest 2594] The Defendant, as a person with a class 3 intellectual disability, has weak ability to discern things or make decisions, opened an entrance which was not corrected at the restaurant operated by Kimhae-si on June 10, 2017 by the Fvictim G, Kimhae-si around 23:45 on June 10, 2017, and intruded into the restaurant and caused by the intrusion into the restaurant into the restaurant, and thereby, used the creh of surveillance over the kitchen, thereby taking advantage of the creh of the creh of supervision over the kitchen, in sum equivalent to 3.90,00 won, from the wall owned by the victim and the 6nd 10,000 won unit.

They were stolen and brought about.

Summary of Evidence

[2017 order 1698] Investigation Report (Attachment to Judgment, etc.) of the Defendant’s written statement of the victim’s legal statement by the Defendant [2017 order 2594] Application of the law to the victim’s written statement by the Defendant’s court

1. Relevant Article 329 of the Criminal Act (a point of Section 329), Article 319 (1) of the Criminal Act (a point of intrusion on a structure), and Article 330 of the Criminal Act concerning the crime (a point of larceny at night);

2. Selection of penalty penalty:

3. Article 35 of the Criminal Act for aggravated repeated crimes;

4. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

5. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have a career of being subject to multiple criminal punishment for larceny crimes, and this case is an offense during the period of repeated crimes.

Provided, That the amount of theft shall be less and damaged.