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A defendant shall be punished by imprisonment for not more than ten 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
At around 11:10 on July 27, 2012, the Defendant entered the side partitions where the victim D (Woo, age 31) was melted in a female toilet of the first floor of the Si Hospital in Mapopo-si, Mapo-si, Mapo-si, and then harming the peace of the victim by following the following: (a) intrusion into the room toilets where the victim was occupied by a string method where the string is being taken and the string is pushed down with the head by a string machine; and (b) harming the body of the victim where the string is reported.
Accordingly, the defendant invadedd the toilet which is the room possessed by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of each statute on photographs;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. The defendant and his defense counsel asserts that the defendant committed the crime of this case in a state of mental disability and mental disability as to the legal argument of Article 62-2 of the Criminal Act regarding probation and education order
However, in full view of each evidence of the ruling and the result of the mental appraisal of the defendant, the crime of this case is deemed to have been committed while the defendant suffers from mental illness such as disorder of intellectual function and savement, but the above mental illness of the defendant is not mental state, and it does not seem that the defendant lacks the ability to discern things at the time of committing the crime of this case.
Therefore, we cannot accept the defendant's and defense counsel's assertion.
The fact that the crime of the same kind of crime is repeated is disadvantageous to the defendant.
However, at the time of the crime of this case, the defendant seems to have failed to move the impulse caused by the mental illness that is currently suffering from currently at the time of the crime of this case ( even if it was not a state of mental disorder), and the result of the mental assessment of the defendant.