A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On April 16, 2017, the Defendant: (a) in a state that around 01:00 on April 16, 2017, the Defendant was unable to discern things or make decisions; (b) opened a stack in the “D” restaurant located in Jung-gu Seoul Metropolitan Government, which was not corrected; and (c) intrudes into the 2 restaurant of the said cafeteria; (d) in a small claim amounting to KRW 10,00,000 in total of the market price owned by the victim E, one can, and one coffee mixing;

In this regard, this was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on investigation (investigation of the place where the crime is committed) and the application of photographs of the scene of the crime;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act (a person with mental or physical disability due to early illness) mitigated by law;

1. The scope of the recommended punishment in accordance with the sentencing guidelines under Article 62 (1) of the Criminal Act [the scope of the recommended punishment] the scope of the punishment [the scope of the punishment] for general property shall be determined as per the Disposition, taking into account the following circumstances: (a) the area of special mitigation [4 months to one year] and the area of special mitigation [4 months] (a person with a special mitigation] crime; (b) the accused who has made a decision not to impose a punishment; (c) the accused has both confessioned the criminal facts; (d) there was no serious criminal record exceeding the same kind or fine; (d) the victim does not want to be punished against the accused; and (e) the victim does not want to be punished