Defendant

Dried scrap metal

Attorney Lee Dong-sik (Korean)

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized n's disease shall be confiscated.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

On March 31, 2009, the defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") were sentenced to imprisonment for one year and medical treatment and custody for violating the Toxic Chemicals Control Act at the Seoul Northern District Court on March 31, 2009, and on March 3, 2010, the same criminal records are six times and two times more in the records of medical treatment and custody.

【2010Gohap215】

1. Larceny and intrusion upon a structure;

At around 11:00 on June 12, 2010, the Defendant intruded the above office through the entrance of the △△△△△△ office opened in the 5th floor of the 5th floor of the Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as “2 omitted), and then stolen the 200,000 won of the 1st floor of the upper and lower 1st floor of the 3rd floor of the victim Nonindicted Party 2, who was suffering from the above office, with the 200,000 won of the 1st floor of the 3rd floor of the 2nd floor of the 1st floor of the 2nd floor of the 1st floor of the 2nd floor of the 1st floor of the 2nd building.

2. Violation of the Toxic Chemicals Control Act;

On June 21, 2010, around 12:30 on June 21, 2010, the Defendant injected in the bar of Dongdaemun-gu Seoul, Dongdaemun-gu (hereinafter hereinafter 3 omitted), △△△△△△△ 203, and in the bar of the industrial girst disease purchased at the door room of the trade name on the boom-dong, into the bar of vinyl, and then inhaled sludge containing luene, which is a hallucinogenic substance, using a method of putting the bluth in the entrance of the given plastic bluth.

As such, the Defendant is a person with habitive walls to inhale substances that are likely to be abused or harmful to them, and there is a need to undergo medical treatment and custody in a medical treatment and custody facility and the risk of recidivism.

【2010Gohap252】

At around 15:40 on June 16, 2010, the Defendant: (a) went into and intruded into the ○○○○○○○ ○○○○○○○○○○, operated by Nonindicted Party 1 (hereinafter omitted); (b) knew of the fact that the victim opened the door of the usual fluence, and (c) went into the 202 place; (d) on the same day, at around 21:00, the 1st market price of the LROM owned by the victim, which was installed therein, was 30,00 won.

【Each of the facts listed in the Decision No. 1 in 2010 Gohap215】

1. Defendant's legal statement;

1. Statement made by the police on Nonindicted 2

1. Statement of Nonindicted 4’s written statement

[Judgment No. 2010 Gohap215]

1. Defendant's legal statement;

1. Entry in a seizure record and a list;

1. Entry in a written appraisal of hallucinogenic substances;

1. Each image of the seized articles;

[Judgment of the court below]

1. Defendant's legal statement;

1. Statement made by the police on Nonindicted 1

1. Entry into the records of seizure;

1. References to criminal records and investigation reports prepared by prosecution prosecution officials (the details of such references and the confirmation of the date of release);

In light of the fact that the defendant has already been punished seven times for the same crime, three times for which the defendant received medical treatment and custody together, and that the defendant again committed the same crime at the time when three months have passed after the release, it can be recognized as damps in the judgment. In full view of the defendant's age, character, conduct, etc. recognized by each evidence of the above judgment, it is recognized that there is a need for medical treatment and danger of recidivism.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of each Criminal Code (Larceny, Selection of Imprisonment), Article 319 (1) of each Criminal Code (Influences into Buildings and Influencesations, Selection of Imprisonment), Article 58 subparagraph 3 of the Toxic Chemicals Control Act and Article 43 (1) of the same Code (Influences of hallucinogenic Substances, Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes with Punishment and Punishment provided for in Theft against Non-Indicted 2 who is the most severe offender)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2 (1) 2 of the Medical Treatment and Custody Act

1. Summary of the facts charged

The prosecutor tried to prosecute the act of larceny at night after the defendant intrudes into the room as stated in the facts constituting a crime of 2010 Gohap252 in the judgment of the court, and then tried to prosecute the act of larceny at night.

2. Determination

Article 330 of the Criminal Act provides that theft of other person's property by intrusion upon residence at night is a crime that constitutes a theft of other person's property by intrusion upon residence at night, and the statutory penalty is a prison term of not more than 10 years and the fine is not included in the statutory punishment, and is therefore punished only by imprisonment.If the crime of larceny is committed in the state of intrusion upon residence at night, it is likely that the crime of larceny under Article 329 of the Criminal Act and the crime of intrusion upon residence under Article 319 of the Criminal Act can be punished by a fine or imprisonment according to the form and motive of various crimes and severity of the crime, and severity of the crime. In comparison with the above, Article 330 of the Criminal Act provides that if the crime of larceny by intrusion upon residence at night is committed at night, it shall be more likely that the damage to the victim will be done at night than by damaging the general public's rest at night, and it shall be easy to create the background of destruction of evidence and apprehension of it at night.

As above, Article 330 of the Criminal Code clearly prescribes that a person's residence, etc. shall be stolen at night. Considering that in the event that intrusion for a thief is committed during a night, not at night, it is difficult to judge that the possibility of psychological anxiety and damage to the victim is the same as that of a thief in which both the victim's intrusion upon residence and the possibility of a thief are committed at night, it is reasonable to view that recognizing the establishment of a thief in the instant case where a thief committed a thief in the instant case where a thief was committed by intrusion upon residence during the night, beyond the scope of the possible language and text, by analogying the constituent elements of the crime, it is not permissible

Therefore, since the charge of larceny at night among the facts charged in the instant case does not constitute a crime, it should be pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, but since there is a ground for finding the defendant guilty of the crime of intrusion and the crime of larceny against the same facts charged, it shall not be pronounced not guilty in separate text.

Judge Gangwon-hee (Presiding Judge) Lee Jong-hee