A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant, under the lack of the ability to discern things or make decisions due to an on-site illness, was stolen by way of cooking one string out, if the victim’s market price, which was placed at the display place, was 2,500 won in the market price, which was owned by the victim C, which was corrected by 05:24 on April 26, 2019.

Accordingly, the defendant stolen the property owned by the victim by intrusion on the structure managed by others at night.

Summary of Evidence

1. Statement to C by the police;

1. To report an investigation (specific as a suspect), photographs at the time of arrest of the defendant, report on an investigation (change of the name of the suspect), and check time of sunset;

1. On-site photographs;

1. Application of Acts and subordinate statutes to CCTV images as the result of reproduction and viewing;

1. Article 330 of the Criminal Act applicable to the crime;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury (it is reasonable to deem that the Defendant was in a state in which the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, by comprehensively taking into account the notice of the result of mental assessment and the speech and behavior in court)

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

1. Reasons for sentencing under Article 44-2 of the Act on Probation, Medical Treatment Order and Custody, etc.;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The range of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [type 4] for general property [special scief] intrusion larceny [special scief] for persons]: In cases of intrusion upon places other than indoor residential space, it shall be limited to the area of recommending punishment and the scope of recommending punishment] the area of special mitigation [the area of recommendation and the scope of recommending punishment], and April through June;

3. Determination of sentence has not reached an agreement with the victim; and

However, it is necessary to give priority to the treatment of the crime of this case considering that the crime of this case was in an unstable psychological state due to the disease of the defendant.