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(영문) 제주지방법원 2015.03.16 2015고단208

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In a state where the Defendant lacks the ability to discern things or make decisions due to the mental disorder of class 3 of the mental retardation disorder, at around January 2, 2015, at around 01:30, the Defendant opened and intruded into the D senior citizens' clubs located in the Jeju-si, by making use of any crepans in the surrounding area, and opened the windows corrected by taking advantage of such crepans, and then cut off them with 6 stuffs and 600 won at the market price of 144,00 won in the market price kept by the victim E in the room of the senior citizens' clubs' clubs.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on investigation (to attach photographs of the scene of occurrence and the detection of damaged articles);

1. Investigation report (the reasons why the damaged goods have been returned to the victim without being seized);

1. Application of Acts and subordinate statutes to investigation reports (specific amount of damage inflicted on victims);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

The reason for sentencing shall be mental and physical disability, unreceptor, full recovery of damaged goods, and serious reflectivity (as a result of the acquisition of qualification certificates).