Defendant

B Imprisonment for six months and for four months, each of the defendants A shall be punished by imprisonment.

However, from the date this judgment became final and conclusive, Defendant.

Punishment of the crime

Defendants are intersected with a prison, and both Defendants were involved in the second grade of the mental retardation, with lack of the ability to discern things or make decisions, to steal others' things.

피고인들은 합동하여 2015. 2. 7. 00:30경 충남 D에 있는 E식당 수족관에 이르러, 수조에 보관 중인 쭈꾸미를 절취하기 위해 피고인 A은 길목에서 망을 보고, 피고인 B는 수조 옆에 있던 뜰채를 이용해 쭈꾸미를 건져 봉투에 담는 방법으로 피해자 F(남, 55세) 소유의 시가 46,000원 상당의 쭈꾸미 16마리를 절취하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. On-site photographs, criminal history photographs, CCTV photographs;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (investigation of reporters), and investigation reports;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. The Defendants with mental disability mitigation: Articles 10(2) and 55(1)3 of the Criminal Act ( comprehensively taking account of the evidence in the market and the Defendants’ ability to confirm in this court, it can be acknowledged that all the Defendants were in a state of mental disorder at the time of committing the instant crime due to mental retardation)

1. Defendant A subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the accused among the reasons for sentencing following);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following factors favorable to the Defendant among the reasons for sentencing);

1. Defendants on probation: Reasons for sentencing under Article 62-2 (1) of the Criminal Act

1. Application of the standard for sentencing [the scope of recommending punishment] thieth category for general property (general larceny) and the area of special mitigation (two months to ten months) (a person with mental disability] (a person with no responsibility for himself/herself), and the scope of comparative sentencing between a person who has not been punished and a person who has not been punished: Three months to ten months; and

2. Determination of sentence - Defendant A’s imprisonment for four months, a suspended sentence of one year, a probation of one year, and Defendant B.