A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant, as a person with intellectual disability third grade disability, lacks the ability to discern things or make decisions. On January 18, 2014, at around 17:08, the Defendant reported MTB bicycle installed with C, which was a 35-gu Jung-gu, Daegu-gu, Seoul-gu, Seoul-gu, with C, on the front of the 35-affiliated park entrance.

Accordingly, C reported the network around the above bicycle, and the defendant taken a 15,000 construction tool (e.g., sirens) with a market price equivalent to 15,00, and removed 10,000 won at the market price attached to the bicycle hand, and brought it.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of D police statement;

1. Application of investigation reports, investigation reports (in relation to the verification of identity A of a suspect), and application of Acts and subordinate statutes concerning investigation reports;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the confession of the facts of crime by the defendant, the damage is minor and the victim does not wish to be punished, and the various grounds for sentencing as shown in the pleadings of the instant case, including the status of the defendant's health, age, character and conduct, intelligence and environment, family relationship, motive, means and result of the crime, circumstances after the crime was committed, etc., and the sentencing guidelines [the scope of punishment for larceny crimes, theft of general property, theft of category 2, mitigation area, mitigation area, recommendation area: 4 months of imprisonment] are determined as indicated in the Disposition.