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(영문) 수원지방법원 2012.11.29 2012노4324
특수절도등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a maximum term of one year and eight months.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendants divided each of the instant crimes and reflected each of the instant crimes; (b) the Defendants committed each of the instant crimes in order to raise living expenses during the running out of the country; and (c) the Defendants were juveniles, the lower court’s respective punishments against the Defendants (the Defendants A: imprisonment for a maximum of one year and six months; a short of one year; and a short of one year; and a short of eight months).

2. Determination

A. Defendant A, in collaboration with Defendant B and C, committed larceny repeatedly over several occasions. In particular, some of the crimes committed by Defendant A and C intruded upon another person’s residence and stolen goods. The above Defendants committed larceny in collusion with Defendant B and C, and repeatedly committed fraud. In light of the means and methods of committing the crime, the amount of damage, the number of victims, the degree of the involvement of the above Defendant, etc., the crime is inappropriate. The above Defendant was admitted to Seoul Juvenile Reformatory on August 27, 2010 with a protective disposition (long-term juvenile protective disposition) on a special larceny, fraud, etc. on a temporary release order on November 25, 201, and were detained for a period of probation on several occasions, and committed an indecent act against each of the crimes of this case without being aware of the fact that the Defendant committed the crime of this case, despite having been detained for a considerable period of probation until August 29, 2012, the Defendant did not reach an agreement on the crime of this case, thereby making efforts to recover the victim’s injury or injury.

However, the above defendant is led to confession and reflect on each of the crimes in this case, and the above defendant's age, character and behavior as well as favorable circumstances such as the fact that he is a juvenile.

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