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(영문) 청주지방법원 제천지원 2017.11.23 2017고단339
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On January 29, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc., and one year of suspended execution, and the sentence of suspended execution was invalidated upon being sentenced to one year and two months of imprisonment with prison labor for habitual larceny at the Cheongju District Court on October 8, 2015, and the judgment became final and conclusive on October 20, 2015. On October 2, 2016, the execution of each of the above punishment was completed, and on March 16, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. from the Cheongju District Court support on Incheon District Court on March 16, 2017.

[2] On August 29, 2017, the Defendant reported the network around the above restaurant in the H restaurant operated by the victim G in 01:00 around 01:0 on August 29, 2017, along with C, D, and E (the transfer of each juvenile protection case on the same day) to the Defendant, the Defendant, D, and E, and C, upon intrusion on the above restaurant through windows without locking devices installed on the outer wall of the above building, had 2 C, C, 4 C, 4 C, 2 C, and 3 beerms.

Accordingly, the defendant stolen the victim's property together with C, D, and E.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against C, D, or E;

1. G statements;

1. Report on investigation;

1. On-site photograph description (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Four copies of the judgment, etc.; and

1. Application of Acts and subordinate statutes of one copy of the personal confinement status;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act concerning the crime;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

Juvenile protective disposition has been received several times due to theft crimes, criminal punishment has been three times, and in particular, special larceny has been taken.

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