2019Gohap133, 134 (Joint), 135 (Joint) thief

2019 high-ranking 2(combined) Medical Treatment and Custody

A

Kim Chang-inter, Jeon Sung-sung, Yang Sung-soo, Man-dong (Public trial)

Attorney Park Jong-soo (Korean)

April 26, 2019

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

3. The request for medical treatment and custody of this case is dismissed.

Criminal facts

The Defendant committed each of the following crimes under the state that the Defendant lacks the ability to discern things or make decisions due to the on-site illness, etc.:

" 2019, 133"

At around 6, 17:10 on October 6, 2017, the Defendant stolen three walletss equivalent to 15,000 won at the victim D's market price, which was put above the display stand by taking advantage of the gap where the surveillance of the victim was neglected.

"2019, 134"

around 17:05 on January 14, 2018, the Defendant: (a) committed theft by inserting 3,700 Niberia equivalent to 3,700 won in the market price managed by the victim H kept in the display room, using the gaps in which the surveillance of the victim H, who is an employee, was neglected; (b) around 17:05, the Defendant committed the theft by inserting 3,70 won in the main machine.

"2019, 135"

1. At around 14:00 on June 6, 2018, the Defendant: (a) committed a theft of goods worth KRW 60,500, in total, including a 32,000, M&T 1 sheet in the market price managed by the victim L, which was kept in the display room using a gap in which the surveillance of the victim L was neglected in the first floor of the Seocho-gu Seoul International Building, the first floor J&K located under the Seocho-gu Seoul Metropolitan Government I, by taking advantage of such gap; and (b) Leblon 1 sheet in the market price equivalent to KRW 19,00,000, the market price of which is equivalent to KRW 9,500.

2. On June 2, 2018, the Defendant: (a) committed a theft by taking advantage of the gaps in which the surveillance of the victim N was neglected in the “JM on the first floor below the above building; (b) by taking advantage of the gap in the surveillance of the victim N on the display site, the Defendant took up one female-use finger belt equivalent to 25,000 won at the market price managed by the victim N.

3. On June 2, 2018, the Defendant: (a) committed a theft of goods worth KRW 19,900, including 3CE Belgium, 1,000, and 4,900, and 19,000, in total, of the market price managed by the victim P, kept in the display room by taking advantage of the gaps in surveillance of the victim P on the first floor below the above building; (b) around 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement on D, H, L, N, and P;

1. A investigative report (CCTV image photograph);

1. A thief photograph;

1. A mental appraisal report;

Application of Statutes

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

§ 329 of the Criminal Code

1. Statutory mitigation;

Articles 10(2) and (1) and 55(1)3 of the Criminal Act (non-incompetent of mental illness)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] thief thief thief thief thief thief for general property

【Special Exemplarys / Mitigations : Mental Health and Medical Treatment

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to six months

[Scope of recommendations according to the guidelines for handling multiple crimes] Imprisonment with prison labor from January to November

3. Determination of sentence: Imprisonment with prison labor for eight months and one year of suspended sentence; and

It is recognized that the Defendant committed larceny several times for a short period. However, as the Defendant committed each larceny by carrying out goods outside a commercial building with weak mental and physical disorder, and by using a method, it does not pose a risk of committing the crime, the damage was insignificant, and the damage was returned to the victims. Accordingly, the Defendant sentenced the same sentence as the order.

Judgment on medical treatment and custody claims

1. Summary of request;

It is necessary for the defendant to receive medical treatment at a medical treatment and custody facility because he/she committed a crime like the crime in the state of mental disorder due to mental illness, etc., and has high risk of recidivism.

2. Determination

On the other hand, as seen above, the defendant committed the crime in this case under the state that he lacks the ability to discern things or make decisions due to the lack of the ability to discern things due to the mental disorder, etc., and in light of the circumstances of the crime and the present mental state of the defendant, it seems that there is no risk of recidivism.

However, the claim for medical treatment and custody of this case is dismissed in light of the following circumstances acknowledged by the evidence mentioned above: (a) the defendant began to be subject to criminal punishment for larceny from around 2017; (b) there was no past criminal punishment; (c) the defendant started to be subject to mental therapy from 2004 to undergo a family's aid; (d) the defendant's person living together with the defendant is expected to receive treatment for the defendant; (d) the damage caused by the crime of the defendant is minor and its risk is not significant; and (e) the medical treatment and custody disposition has the nature of free frighting to accommodate the parties to receive treatment outside the medical treatment and custody facility; and (e) the need for medical treatment and custody should be more strict if a mentally handicapped person can receive treatment outside the medical treatment and custody facility; (d) the evidence submitted by the prosecutor alone does not have any sufficient evidence to deem it necessary to separate the defendant's family from society to receive medical treatment and custody at the medical treatment and custody facility; and there is no other specific evidence to acknowledge it.

The presiding judge, the Giman Judge

Judges Kim Gin-han

Judges Maximum-beh