A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

At around August 13, 2019, the Defendant: (a) was placed in the “D” store managed by the Victim C in Soyang-gu, Soyang-gu, Gyeonggi-gu; (b) under the influence of discerning things or making decisions due to editing and modern illness, etc.; (c) was placed in the “D” store managed by the Victim C; and (d) was stolen by being placed in the “D” store with the market price equivalent to KRW 4,650, which was displayed therein.

Summary of Evidence

1. A written statement prepared in C;

1. Report on internal investigation (specific person under suspicion);

1. Report of investigation (Submission of a copy of medical records to a suspect);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, subparagraph 1 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody Act;

1. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 2] general larceny [Special thief] mitigation element: A mentally ill-minded person (no person in question is responsible for himself/herself): A person not subject to punishment (no person in question), a person not subject to special mitigation area [the area of recommending and the scope of recommending punishment], and two to ten months of imprisonment;

2. Although there is a need to strictly punish a person who has been sentenced to a fine for the same kind of crime as the sentence is determined, considering the fact that he/she committed a crime in a state of mental disorder caused by editing and maternity illness, etc., in consideration of the fact that the value of damaged goods is insignificant and the victim does not want punishment, the sentence shall be suspended and the execution of the sentence shall be suspended, but it is difficult for family members to expect proper treatment and management of the mental illness.