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Reasons
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(영문) 제주지방법원 2015.08.11 2015고단690
야간건조물침입절도
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A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

At around 20:00 on May 17, 2015, the Defendant: (a) opened an entrance not set up for the purpose of cutting down, and intruded into the building, and opened it using a spacker and dracker prepared in advance, and cut down cash 87,150 won in the vending machine (50 won 67,100 won ,50 won ,50 won ,50 won ,50 won ,50 won , 67 won , 503 won ,50 won , and 50 won f7 won f.) managed by the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Application of Acts and subordinate statutes of subparagraphs 1 and 2, which have been seized;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 330 of the Criminal Act;

1. Confiscation: A favorable circumstance is that the defendant's reason for sentencing under Article 48 (1) 1 of the Criminal Act recognizes all the criminal facts of this case, and intends to make a new seafarer's life for several years through reflective questions.

However, even though the Defendant was sentenced to punishment for the same kind of crime more than six times from 1993 to 2006, the Defendant destroyed the vending machine and committed a theft in such a way as the theft crime before the time. Although the amount of damage is not very significant, it is inevitable to punish the Defendant for the crime corresponding to the act of repeatedly damaging the same crime on the ground that it is difficult to live.

Accordingly, the sentencing guidelines are taken into account as follows: (a) the motive and circumstances leading up to the crime, including the criminal history and the details of the crime, the method of taking into account the degree of damage, the circumstances after the crime, the defendant’s occupation, age, character and conduct, health conditions, family relationship,

(Sentencing Criteria) The scope of recommending punishment: thief for general property.

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