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(영문) 청주지방법원 충주지원 2013.11.08 2013고단593
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 05:40 on August 29, 2013, the Defendant habitually stolen, or attempted to steals, a total of 370,00 won (cash) more than 10,00 won from around 05:00 on July 25, 2013 to September 06:00 on September 2013, 2013, the Defendant opened a 'E' restaurant operated by the victim D, which was operated by the victim D, after completing the business and going to the close, and opened a cret by using any cret cres, and intruded into the restaurant, with cash located in the cash located in the cafeteria of the cafeteria located in the cafeteria, and then intruded into the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement;

1. Each investigative intelligence report and reports on occurrence of a crime;

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

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 342 and 330 of the Criminal Act, comprehensively including the relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The defendant committed the crime of this case again even if he received juvenile protective disposition several times for the same crime, and circumstances favorable to the failure to recover from damage: Considering the fact that the defendant is relatively old, the defendant reflects the crime, the amount of damage is not significant, and other circumstances that are conditions for sentencing indicated in the records, such as the character, conduct, occupation and family environment, etc. of the defendant.

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