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(영문) 전주지방법원 2020.01.08 2019노1147
특수절도등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment of one year and six months and fine of 300,000, respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a maximum term of two years, for a short term of one year and six months, and for a fine of 300,000 won, for Defendant B: imprisonment for a maximum of two years and three months, for a short term of one year and nine months, and for a fine of 300,000 won) is too unreasonable.

2. The Defendants, despite the history of having been subject to a protective disposition several times due to the commission of larceny, attempted to intrude a structure, enter another person’s vehicle into a structure at night or at night, and steals or attempted to steals cash, wall, etc., and used the stolen credit card three times as above.

If the Defendants’ crime of property crimes (special larceny, fraud, etc.) committed by the Defendants is based on the crime that could calculate the amount of damage, the amount of damage caused by the Defendants’ joint principal offense reaches approximately KRW 14 million, and KRW 4.57 million, and the amount of damage caused by Defendant B’s additional principal offense reaches KRW 4.57 million.

In addition, the Defendants also driven or temporarily used a stolen motor vehicle or stove without a driver's license for a motor vehicle or a motor bicycle.

Considering the period, method, target, type, frequency, and size of the crime committed by the Defendants, there is a high possibility of criticism against the Defendants, and the nature of the crime is also hot.

Many victims suffered monetary damages due to each of the crimes of this case, which has not been restored to the present portion.

Considering the present situation of the Defendants, it is not easy to recover the victims' full damage.

Considering these circumstances, it is necessary to strictly punish the Defendants.

However, on the other hand, the Defendants divided their own mistakes and reflect their depth.

Defendants are not subject to criminal punishment.

Defendants are currently 17 years of age and 16 years of age. They were 16 years of age and 15 years of age at the time of each of the crimes of this case, and their ability to distinguish them was insufficient.

Special larceny in the court below.

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