The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On September 15, 2016, at around 15:50 on September 15, 2016, the Defendant, as a disabled person of Grade 2 (the total intelligence level between 34 and the lowest level of delay) of the cadastral value, experienced in the first floor female toilets of the restaurant building E located in Busan Jin-gu, Busan, and stolen the appearance that women are melting the balle of the balle in order to steals the balle of the ballecium.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Application of the statutes governing the arrest of flagrant offenders;

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. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. In full view of the fact that the defendant is a disabled person of Grade 2 with intellectual disability (a total intelligence of not more than 34 up to the maximum level evaluated as a delay level), and is making efforts to lead an occupation in good faith, as well as the fact that the defendant is a primary offender, that the defendant is the guardian of the defendant, that the defendant's intent to protect the defendant is high, and that sexual interest in deviation from the defendant is not clearly suggested to the defendant, the decision is made as above on the ground that even if the defendant does not sentence the defendant against the defendant, the defendant would not be punished again because it is remarkably expected that the defendant would not be punished again, and thus, the sentence of the fine is suspended against the defendant).