A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On February 13, 2009, the Daejeon High Court sentenced the Defendant to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and four years of imprisonment for the same crime at the Daejeon District Court on June 24, 201, and completed the execution of the final sentence on January 28, 2016.

In a state where the Defendant, as a dead-type mentally handicapped patient, lacks the ability to discern things or make decisions, the Defendant, at around 12:09 around February 2, 2016, at the “E” store operated by the victim D located in the Jung-gu Daejeon-gu Daejeon, Daejeon-gu, the Defendant stolen the victim’s property by taking three gold 1.2 million won in the market price, which was suffering from the display stand, using the gaps in which the victim’s surveillance was neglected.

Summary of Evidence

1. Legal statement of witness F;

1. Written statements of D;

1. A copy of the proposed resident registration certificate and a copy of the manual;

1. On-site CCTV photographs, suspects and Mask photographs, CCTV photographs on the date of emergency arrest, CCTV photographs ( October 30, 2016), CDs;

1. A report on the occurrence of a crime (thief), a criminal investigation report (an investigation into securing masts worn by the person under investigation when committing a crime), a criminal investigation report (related toCCTV image reading), a criminal investigation report (Attachment to a suspect manual);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal identification and acceptance status, investigation report (Attachment, such as a copy, etc. of the judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the same kind of crime under judgment repeatedly;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the execution of which was completed on January 28, 2016]

1. As the Act on the Aggravated Punishment, etc. of Specific Crimes was amended by Act No. 13717 on January 6, 2016, Article 10(2) and (1) and Article 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness, the composition requirements and statutory penalty under Article 5-4(6) of the same Act were amended.