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(영문) 수원지방법원 안산지원 2017.03.23 2017고단273
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 15, 2017, the Defendant entered the 2nd floor D'D' of building C located in Ansan-si, Seoul-si on January 15, 2017, to a kitchen located behind the calculation unit by the victim E, who is the owner of the business, to a kitchen located behind the calculation unit, and taken 2970,000 won in cash from the bank of the victim located in such place.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. Application of relevant photographs, related photographs, and related photographs (HPC CCTVs)-related Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (The following favorable circumstances shall be considered among the reasons for sentencing);

1. The juvenile protective disposition of the defendant is not more appropriate in light of the fact that the juvenile protective disposition of the defendant committed the crime of this case, even though the juvenile protective order had been received several times due to the same kind of crime with the reason of sentencing under Article 62-2 of the Criminal Act, has committed

The decision is judged.

Considering the favorable circumstances, such as the fact that the defendant recognized his mistake and reflects it, the amount of damage caused by the crime of this case is relatively minor, the defendant is a juvenile, and the defendant has no particular criminal history, the punishment such as the order shall be determined in consideration of the overall sentencing conditions prescribed in Article 51 of the Criminal Act.

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