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(영문) 대전지방법원 서산지원 2008.11.04 2008고단446
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

The ninety-seven days of detention before this judgment is sentenced shall be sentenced to the penalty.

Reasons

Punishment of the crime

The defendant was issued juvenile protective disposition on June 14, 2007 by committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seogsan Branch of the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes, and on November 1, 2007, the same court has the record of receiving juvenile protective disposition by larceny, etc.

On July 15, 2008, at around 15:00, the Defendant opened a 15:00 Dok-gun of Chungcheongnam-gun, Chungcheongnam-gun, and intruded into the inside and outside of the Dok-gun, and then cut down KRW 330,000 in cash from the market price of her Handphone, which was placed on the storage site, and her part of the 630,000 won at the Handphone’s market price.

In addition, from June 21, 2008 to July 2008, the Defendant committed a theft or attempted theft of property equivalent to KRW 2,422,00,00 in total, on 11 occasions, as stated in the list of crimes, from June 21, 2008 to Haman.

As above, the Defendant habitually stolen or attempted to steals the victims' articles over 12 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and F;

1. Each statement of G, H, I, J, K, L, and D;

1. All records of initial reports on theft incident;

1. Police seizure records;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Attachment of a copy of sending a case and confirmation of a decision to send the case to the Juvenile Department of the Suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330 and 342 of the Criminal Act concerning the crime committed;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The reason for sentencing under Article 57 of the Criminal Act, including days of pre-trial detention, is a juvenile, or the defendant is a juvenile in 2007.

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