(영문) 대전지방법원 2017.02.08 2016고단3541

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(영문) 대전지방법원 2017.02.08 2016고단3541

건조물침입

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant did not appear to have the ability to discern things or make decisions due to the delay in mental development: Provided, That at the time of committing the instant crime, the Defendant did not appear to have had the ability to discern things or make decisions at all at the time of the instant crime. On January 1, 2016, around 13:45, Daejeon Daejeon Daejeon Branch C at the second floor of the Daejeon Seo-gu, Daejeon Branch C, and then stolen the appearance of female toilets into the first column in order for women to steals the appearance of melting the melting the balle, and then stolen it into the second column (e.g., 35 years).

Accordingly, the defendant intruded on the building managed by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Reduction of mental or physical weakness ( Delay of mental retardation) under Article 10 (2) and Article 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act shall be taken into consideration, however, the period of the suspension of execution has

1. Article 62-2 of the Criminal Act on the observation of protection and observation (the crime similar to the instant case on November 27, 2015), even though the indictment was suspended for committing a crime similar to the instant case, there is a great need to observe and observe the Defendant for a considerable period of time, considering that the instant crime has been repeated.

As a result, the protection observation period is somewhat long-term)

참조조문

유사 판례

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