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Reasons
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(영문) 창원지방법원 진주지원 2019.02.14 2018고단1295
야간건조물침입절도
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A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

1. On September 18, 2018, the Defendant committed the crime, around September 2018, as Grade II intellectual disability 20:33, around September 18, 2018, at around 2018, found that the door was opened on the c restaurant located in G in Jinnam-si, Jinnam-si, and invaded into the bank, and stolen one Nowon-gu, the market price of which is equivalent to one million won in cash, and one examination color was located in the bank.

2. On September 19, 2018, the Defendant: (a) was a Grade 2 intellectual disability 00:00 on September 19, 2018; (b) committed the crime committed with the property of approximately KRW 15,000,00 in the market price, such as one World Cup owned by the victim F, who was in Jin-si, Jin-si, Jin-si, in the absence of the ability to distinguish things or make decisions; (c) discovered that the latter is in danger; and (d) invaded into the main bank, and then stolen the Defendant with the property of approximately KRW 15,00,00 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Reports on internal investigation (retributed articles and unclaimed articles);

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 38 pages);

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation, Article 62-2 of the Criminal Act, reasons for sentencing under Article 44-2 (1) and (2) of the Medical Treatment and Custody, etc. Act - Circumstances unfavorable to them - Reasons for repeating the same offense - Circumstances favorable to them: mental illness, confession and reflectivity

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