A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On January 25, 2013, the Defendant was sentenced to 10 months of imprisonment for larceny at the Seoul Western District Court and completed the execution of the sentence on May 16, 2013 at the Seoul Southern Southern District Court.

【Criminal Facts】

At around 12:35 on August 19, 2013, the Defendant: (a) opened a small-sized safe operated by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul, using the gap of the victim's 1st floor 52; (b) opened a small-sized safe located therein; and (c) 4, 10, 3, 5, 19, 19, 19, and 20,000 US dollars owned by the victim.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D or F in the suspect examination protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Damageed articles and on-site photographs;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports (the confirmation date of the date of release);

1. Article 329 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Code provides that the defendant was punished for the same kind of crime, re-offendered during the period of repeated crime, and the nature of the crime is not good because he did not reflect his mistake while denying the crime.

However, in consideration of the fact that the amount of damage is not so large, and other sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, career, family environment, degree of reflectability, etc. of the defendant, the punishment as ordered shall be determined.

Judgment on the argument of mental disorder

A. Article 10 of the relevant legal doctrine is a biological factor, and it is necessary to say that mental disorder, such as mental illness or abnormal mental condition, has lost or reduced the ability to discern things due to such mental disorder as a psychological element, and therefore, it is normal at the time of committing the crime, even if the person is a person with mental disorder.