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(영문) 수원지방법원 2020.03.27 2019고단7122
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal power] On October 18, 2019, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and two months for special larceny, etc. to the Suwon District Court, and on March 6, 2020, the judgment became final and conclusive.

【Criminal Facts】

On April 6, 2019, from around 00:0 to 06:30 on the same day, the Defendant discovered that the door of the F.T. car owned by the victim E, which was parked in the “D.” located in the “D.”), was not corrected, and the Defendant opened a door of the said car and brought 1,000,000 won of the market price, including 4 credit cards owned by the victim and 3.1 million won in cash.

Accordingly, the defendant stolen the property owned by the victim together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The suspect interrogation protocol of the police as to B;

1. He/she shall hear statements from victims;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for suspended sentence) include the following circumstances and the Defendant’s age, character and behavior, attitude and attitude, the circumstances leading to the commission of the crime, the means and consequence of the crime, and the circumstances after the crime, and the conditions of sentencing as shown in the records and arguments as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of juvenile protection disposition several times due to the same crime, the circumstances favorable to the defendant's failure to recover the damage of the victim: the defendant recognized the crime of this case and reflected the crime, and the defendant is still a juvenile, and the judgment has become final and conclusive.

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