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(영문) 서울남부지방법원 2018.05.31 2018노206

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing of the defendant) recognized all of the crimes of this case from the investigative agency to the trial of the party, and actively cooperate in the investigation, such as acquisition of accomplice C, confession of his accomplice C, etc. The defendant has been growing in the care center without loving and protecting his parents. If the defendant is a juvenile who is 17 years of age, he will leave his relative house and finish his school and lead a social life in good faith as a prisoner of the family.

In light of the fact that the court below's sentence (one year and six months of imprisonment, short-term 10 months of imprisonment) is too unreasonable.

2. Determination is a normal situation that is favorable to the defendant, such as the fact that the defendant is still a juvenile of 18 years of age, that the defendant appears to have cooperated in accurately declaring the crime in the course of investigation, that the defendant fully recognized all of the crimes in this case, that the defendant has submitted a number of rebuttals at the latest after being detained, etc., that shows that his mistake is divided into several times after being detained, that 2.5 million won in cash and things other than cash are recovered from among the damaged articles for special larceny in 2017 senior 3868 senior 38 senior 2017 senior 20,500 senior 348 senior 4488 senior 2017 senior 4488 senior 4.

However, even though the defendant was given an opportunity for protection and education during the period of protection observation according to juvenile protective disposition, he left the facility without permission for a considerable period of time, and repeated the crime of joint larceny that is not punishable by imprisonment with prison labor. The nature of the crime is very heavy and is not good.

In addition, the victims of the 2017 Highest 4792 and 2017 Highest 5719 Highest 2017 Highest 2017 Highest 2017 Highest 2017 Highest 5719 Highest , which did not reach an agreement or restore damage, and the defendant committed a continuous crime even after being investigated several times during the protection observation period (the juvenile is a juvenile)