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A defendant shall be punished by imprisonment for not less than eight months.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
Reasons
Criminal facts
On March 18, 2016, a defendant and a candidate for medical treatment and custody (hereinafter referred to as "defendant") were sentenced to imprisonment for habitual larceny at a district court of Jung-gu District on March 18, 2016, and on December 15, 2016, the same court was sentenced to six months of imprisonment for larceny, etc., and on August 30, 2017, the same court was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny).
【Criminal Facts】
Around 15:40 on August 14, 2018, when the Defendant lacks the ability to discern things or make decisions due to a mental delay, etc., the Defendant intruded into the victim’s residence on the second floor through the exhausters opened in the “D” operated by the victim C in Jung-gu Incheon Metropolitan City, Jung-gu, and stolen the salted fish with one set of the market value, which is the victim’s possession in the main bank.
[Facts of the cause of an assistant principal] The defendant needs to receive medical treatment at a medical treatment and custody facility for a person who commits each crime falling under imprisonment without prison labor or heavier punishment while he/she lacks the ability to discern things or make decisions due to mental retardation, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each internal report, each salted sled photograph, and field photograph;
1. A written appraisal;
1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (a repeated crime and filing of the same criminal records and the same criminal records, etc.), one copy of the personal confinement status, "10 copies of the judgment and one copy of the summary order";
1. In light of the need for medical treatment as indicated in the judgment and the following circumstances acknowledged by the evidence revealed prior to the risk of recidivism, the Defendant needs to receive medical treatment at a medical treatment and custody facility as a person who lacks the ability to discern things or make decisions due to a mental retardation, etc. and is also at risk of recidivism.