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(영문) 대전지방법원 2013.03.28 2012고단4388
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to mental retardation of about 50 degrees of intelligence index.

At around 02:00 on November 8, 2012, the Defendant: (a) opened a locking system as a hand and entered the inner house in the residence of the victim D (Inn, 44 years old); and (b) cut off with a 20,000 won of the market price owned by the victim, who was suffering from a locking zone as soon as the living room was located.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has a mental retardation disorder, the fact that the damage is insignificant and recovered, and the fact that the defendant has no criminal record in the same kind

1. Article 62-2 of the Criminal Act on Probation;

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