A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 22, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at night in the support of the Southern District Court of the Jeonju on December 22, 2015, and completed the execution of the sentence in the military prison on May 20, 2016.

[2] The Defendant committed larceny and larceny of a night structure in a state that the Defendant lacks the ability or decision-making capacity to discern things due to delay in light of the mental development that requires caution or medical treatment due to serious behavioral disorder, as follows:

1. On February 3, 2018, at around 14:00 on February 3, 2018, the Defendant committed a crime in Category C, with two cellular phones in the market price of the victim E owned by the Defendant in Gwangju-gu.

2. Crimes committed at the F church;

A. On February 3, 2018, the Defendant: (a) intruded into the F church building of H located in G on February 3, 2018 through the entrance, which was managed by Kim Jong-si; and (b) carried the key of the victim F church owned by the victim F church in the administrative office.

Accordingly, the defendant intruded into the F church, which is a building managed at night, and stolen the key.

B. The thief Defendant, using the stolen key as above A, stolen the market price of the victim F church owned by the victim F church that was in front of the said F church and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of J and E;

1. Police seizure records;

1. A criminal investigation report (to attach photographs, such as the site);

1. Application of Acts and subordinate statutes to report an investigation (related to re-verification as to whether the keys of the victimized vehicle is the key;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment recommended according to the sentencing criteria; and