beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 18, 2015, around 21:30 on Jinju-si, the Defendant intruded into the factory through the door "E" factory operated by the victim D in Jinju-si, and stolen the market price of electric wires owned by the victim, which was located at the factory, with the unexploded volume of electric wires.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of D;
1. Grounds for sentencing Article 330 of the Criminal Act with respect to the relevant criminal facts;
1. Where he/she intrudes into any place other than indoor residential space (the scope of recommending punishment) the scope of sentence recommended on the sentencing guidelines (the determination of types): thief (special mitigation) in which he/she is recommended to be punished by imprisonment for not less than eight months but not more than one year and six months;
2. In light of the fact that the Defendant was sentenced to punishment several times for the same kind of crime, and that the Defendant committed the instant crime again during the period of suspension of execution even if he was sentenced to punishment for imprisonment for one of the two times, and that the victim’s damage has not been recovered, it is inevitable to punish the Defendant with severe punishment.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant reflects his criminal act late, the market price of the stolen cable does not seem to be high, and the fact that the defendant does not seem to have obtained a big benefit from the criminal act of this case, and the fact that the defendant is deemed to have committed the criminal act of this case for his own livelihood, etc., the defendant shall be considered as favorable to the defendant, and the defendant shall determine the punishment as ordered by the sentencing guidelines beyond the lowest limit of the sentencing range recommended in the sentencing guidelines, considering various sentencing conditions specified in the records and arguments of this case, such