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(영문) 제주지방법원 2017.05.12 2017고단588

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2, 2014, the Defendant was sentenced to one year from the Jeju District Court due to night structure intrusion, larceny, etc., and was released on March 30, 2015 during the execution of the sentence in prisons interesting prisons. On March 2, 2015, the parole period expired on April 26, 2015.

On February 14, 2017, around 01:08, the Defendant opened a gate in an orchard warehouse managed by the victim D at Seopopopopo City C, and entered into the gate, and then stolen with a 350,000 pact per annum at the victim’s market price in the place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site photographs and records of seizure;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Confirmation during the period of a suspect, repeated crime) statute;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes recognizes the crime of this case, the value of the damaged goods is not so significant, and the injured party has returned to the injured party, and the injured party has not been punished.

However, the Defendant was sentenced to punishment for larceny of intrusion upon at night buildings, and is currently being punished for repeated crimes, and the method of the criminal act of repeated crimes and the method of the criminal act of this case are almost the same as that of the criminal act of repeated crimes and the method of the criminal act of this case, and they are very bad to commit such crimes.

Meanwhile, in light of the Defendant’s appearance before committing the instant crime, the form of treating the damaged goods after committing the instant crime, the market value of the damaged goods, etc., it appears that there is no special motive for larceny. In this regard, there seems to be more danger of thief’s behavior or recidivism.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.