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(영문) 서울서부지방법원 2018.04.13 2017고단3868
야간건조물침입절도등
Text

The sentence of sentence shall be suspended for the defendant.

To order the accused to be subject to the protection and observation.

Reasons

Punishment of the crime

The defendant is a person with a intellectual disability of the third degree.

The Defendant, due to intellectual disability, lacks the ability to discern things or make decisions;

A. On November 10, 2017, at the Young Middle School located in Eunpyeong-gu Seoul Metropolitan Government, 126-2 around 17:00, intrudes into the after door from the Young Middle School, via the after door, and, after entering the classroom C, remove a bridge indicating the “defeat” respectively from two punishments on the victim D and E’s school uniforms;

B. From November 24, 2017, around 18:00 after sunset, the said middle school intrudes into the said middle school by the said method, and enter the F Class, and remove the school tag indicating “eat” on the school uniform owned by the victim G from the said school uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. An investigation report (Confirmation between sunset);

1. An investigation report (to attach CCTV video CDs in the falling middle school) by applying Acts and subordinate statutes;

1. Article 319 (1) of the Criminal Act (a point of intrusion on a structure, choice of imprisonment), Article 330 (a thief for intrusion on a night structure, choice of imprisonment), and Article 329 (a thief for intrusion on a structure at night) of the same Act concerning facts constituting an offense, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Six months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act (Consideration to the fact that it is a crime under a state of mental and physical weakness due to cadastral disorder, the agreed fact, the primary fact, etc.);

1. Article 59-2 of the Criminal Act on the observation of protection;

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