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(영문) 광주지방법원 순천지원 2014.07.08 2014고단954
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Justice] On December 20, 2013, the Defendant rendered a ruling to transfer the case to the Juvenile Department as a crime of attempted larceny at night at the office of the Gwangju District Prosecutors' Office on December 20, 2013; the decision to transfer the case to the Juvenile Department as a crime of larceny at the office of the Gwangju District Prosecutors' Office on August 30, 2012; the decision to transfer the case to the Juvenile Department as a crime of larceny at the net support of the Gwangju District Court on May 31, 2012; and on December 7, 2011, the decision to transfer the case to the Juvenile Department as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is more than four times.

【Criminal Facts】

On May 27, 2014, around 19:14, the Defendant opened a closed door and intruded into the victim’s house at the victim’s home, and had a 500,000 won of the market price, which was in the victim’s possession in the living room and the inner erogate, with one set of gold eromon thms equivalent to one million won of the market price and one million won of the market price.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Previous for judgment: Criminal history records, inquiry reports, and investigation reports (attached to the police opinion and written decision of a suspect A);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as stated in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

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. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant had a record of being subject to juvenile protective disposition several times for the same crime, and at the same time, the crime of this case was committed, the damage was not recovered, and the personal information of the purchaser of the stolen product is also a extreme tool.

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