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(영문) 대전지방법원 2013.04.26 2013고단1115
특수절도
Text

A defendant shall be punished by imprisonment for a maximum term of eight months or less and a short term of six months.

Reasons

Punishment of the crime

At around 13:56 October 3, 2012, the Defendant, who takes a role together with C, D, E, and F, was in mind of having the Defendant receive and disburse money equivalent to KRW 150,00,00,00 at the market price of the victim’s ownership at the place where C, E, and D had been placed in the “I” restaurant for the operation of H of the victim located in Cheongju-gu Seoul Metropolitan Government G.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of the accused, D, F, E, and C;

1. The police statement of H;

1. Written response to the request for appraisal;

1. Application of each statute on photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 2 and Article 60(1) of the Juvenile Act has a record of committing several offenses, juvenile protective disposition has already been imposed several times, and juvenile protective disposition has also been imposed several times, despite the fact that the defendant had a record of forwarding a juvenile reformatory, and again, the defendant has committed the instant crime without being aware of the fact that he/she had been subject to a disposition of forwarding a juvenile reformatory. However, even though he/she was partly disputed, the defendant is a juvenile who is only 18 years and four months, the defendant is a minor who is relatively minor compared to statutory punishment, and the damage is relatively minor compared to statutory punishment, and other various sentencing conditions specified in the instant arguments, such as character and behavior, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime

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