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A defendant shall be punished by imprisonment for not less than one year and six months.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
Reasons
Criminal facts
On December 6, 2012, the Seoul Southern District Court sentenced the defendant to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and ten months from the Seoul High Court on October 17, 2013, respectively. On January 5, 2015, the execution of each of the above punishment was completed at the Netcheon Prison.
The accused committed the following crimes under the lack of the ability to discern things or make decisions:
1. Night-time theft of buildings;
A. At around 07:00 on February 18, 2015, the Defendant intruded into the victim E’s cell phone case sales room located in Suwon-si, Suwon-si, through an unrecepted door at the victim E sales room, and stolen KRW 500,000, which was owned by the victim at the place of receipt.
B. At around 05:00 on March 10, 2015, the Defendant: (a) opened a entrance closed at “G restaurant” in the “G restaurant” of the victim F’s operation in Suwon-si, Suwon-si; and (b) removed KRW 40,000 of the cash, which is the victim’s possession, from the bank located on the store town, and stolen the entrance.
C. At around 06:00 on March 11, 2015, the Defendant: (a) opened a door closed at “K” in the victim J’s 3rd floor located in Seoul H, and intruded into the door, and then cut off KRW 240,000, a cash owned by the victim to the Defendant.
2. A thief: (a) around March 22, 2015, the Defendant stolen with one cell phone and one transportation card, where the market price of the victim’s possession is unknown, using the gaps in which the victim N in the “Maata” located in the “Maata” located in the wife population L, which is located in Gaata, his/her own head.
[Facts causing medical treatment and custody] The defendant was found to lack the ability to discern things or make decisions as a result of a mental appraisal, and at the medical treatment and custody facility.