Special theft by a defendant with an intellectual disability

Medical treatment and custody order

Under the Criminal Act, an act committed by a person who lacks the ability to discern things or to make decisions due to a mental disorder is not punishable, and the punishment for an act committed by a person who has diminished such ability is reduced.

However, even in such cases, if the offender needs treatment and there is a risk of reoffending, a medical treatment and custody order is imposed.

In case of a mental disorder, the period of medical treatment and custody cannot exceed 15 years. If both a reduced sentence and a medical treatment and custody order are imposed, the medical treatment and custody is executed first, and the execution period of the medical treatment and custody is included in the sentence execution period.

For example, if a medical treatment and custody order and one year of imprisonment are imposed together, and the medical treatment and custody period exceeds one year, the sentence is deemed to have been executed.

After the medical treatment and custody begins, whether to end or conditionally end it is reviewed every six months. If conditionally ended, probation continues for three years.

Recently, attorney Joo Youngjae handled a special theft etc. case where a medical treatment and custody order was imposed. We will introduce this case.

Facts of the case

The defendant, who had multiple prior theft convictions, broke a coin exchange machine at a self-service 24-hour laundry at night and stole about 1,250,000 Korean won. He also stole a bicycle worth about 1,400,000 Korean won parked near a house. He was indicted on charges of special theft, theft, and property damage.

Attorney Joo Youngjae's assistance

While reviewing the investigation records, attorney Joo Youngjae discovered that the defendant had a severe intellectual disability and suspected that the defendant continued to commit thefts because of his diminished ability to discern things.

He requested a psychiatric evaluation from the court. The court accepted the request, and the evaluation showed that the defendant's IQ was 49, and overall, his verbal comprehension, perceptual reasoning, working memory, and processing speed were all very low.

Based on the evaluation, attorney Joo Youngjae argued that the defendant committed the crimes in a state of diminished mental capacity and therefore his sentence should be reduced, and that he needed medical treatment and custody rather than imprisonment.

Court's decision

The court accepted attorney Joo Youngjae's arguments and imposed a relatively light sentence of one year in prison along with a medical treatment and custody order.