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(영문) 청주지방법원 2013.08.23 2013노307
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

All parts, excluding the dismissed part of the application for compensation, shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Determination on the grounds for appeal

A. Although Defendant A had a record of having been sentenced to juvenile protective disposition or suspension of indictment on several occasions due to theft, he/she again committed each of the crimes of this case, committed several times in a short period and repeated crimes committed several times in several times in the short term, and the amount of damage was not specified as approximately KRW 14 million. Defendant A led to the crime by taking part in the larceny of this case along with Defendant B. Defendant A appears to have committed the larceny, and most of thiefs committed the theft, and it is not good that they committed the theft of property by impairing another person’s glass door or the taxi glass, and the victims were punished against Defendant A because they did not agree with the victims.

However, considering the fact that Defendant A all of the instant offenses are recognized and against this case, there is no record of criminal punishment in addition to the protective disposition against juveniles or the suspension of indictment, the total frequency of larceny offenses, and some of the thief offenses were committed in minor amount of damage or attempted crimes; Defendant A was a juvenile of 17 years of age; Defendant A committed suicide and her mother was born, and her mother was born, and it appears that Defendant A was living in an influent family environment, such as influence with his grandparents, and caused the instant offenses. In addition, considering all the sentencing conditions indicated in the instant records and arguments, such as Defendant A’s age, character and behavior, career, environment, circumstance and consequence of the instant offenses, the lower court’s punishment (two years of imprisonment, two years of maximum, and one year and six months of short term) is too unreasonable.

B. Defendant B committed larcenys up to several times in a short period, and the amount of damage was not specified as approximately KRW 14 million; Defendant B took part in the thief and took part in the thief, etc. with Defendant A, and most of the crimes appear to have led to the crime, such as taking part in the thief.

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