A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant committed any of the following crimes under the status that the Defendant was physically disabled with intellectual disability with lack of the ability to discern things or make decisions due to early illness, etc.:

1. On August 10, 2015, around 09:10, the Defendant: (a) confirmed the victim D (15 years of age) with no parent of the victim in the instant 301 Vietnamed window that he/she resides in, and did not correct, intruded the said 302 Vietnamed window and opened the 37,000 won in cash on his/her computer book, which was in the said 302, and did not correct it.

2. On August 7, 2015, around 20:27, the Defendant intruded into a night structure beyond the front door of Seoul Song-gu Police Station located in Songpa-gu, Songpa-gu, Seoul, and collected unused clothes of police officers next to the first floor following the second floor, resulting in theft by suffering from one point and one point on the lower part of the auxiliary police station owned by the Seoul Song-gu Police Station.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. Legal statement of witness E;

1. Each police statement made to D or E;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the crime, Article 319(1) of the Criminal Act concerning the selection of punishment (a point of intrusion upon residence, choice of imprisonment), Article 329 of the Criminal Act (a point of Section 329 and choice of imprisonment), Article 330 of the Criminal Act (a point of larceny by intrusion on night structures);

1. Article 10(2) and Article 55(1)3 of the Criminal Act to be mitigated by law (the physical and mental weaknesss are recognized due to mental disorders, such as early illness);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act to observe the protection and observation (the order to observe the protection to prevent the second offense);

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment for a period of eight months to two years; and

A. At night, theft against general property by intrusion upon buildings is the mitigated area (from August to June).