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(영문) 서울북부지방법원 2019.04.26 2019노299
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of one year and six months, a short of one year, and confiscation) of the lower court against the Defendant is too unreasonable.

2. The determination of the grounds for appeal is that the defendant committed a special larceny or an attempted special larceny over about 21 occasions, and the quality of the crime is not somewhat weak.

The defendant continued to commit a crime even after he was investigated by the police as a special larceny crime and requested for detention warrant was dismissed, and it seems that the criminal defendant's awareness of compliance is very weak.

Unless the 12 victims have agreed at the court below, it seems that there was no agreement or reimbursement of damages.

However, at the time of the instant case, the Defendant was a juvenile of 17 to 18 years of age, and as of the date of the instant judgment, the Defendant did not reach the age of majority.

In general, our law regulates a number of special rules concerning criminal punishment of juvenile offenders on the ground that juvenile delinquency is more likely to be improved because it is more likely to be improved than adult delinquency.

In representative, a warrant of detention is not issued (Article 55(1) of the Juvenile Act), and where a juvenile under the age of 18 at the time of committing an offense is punished by death penalty or life imprisonment, it shall be mitigated by limited imprisonment (Article 59 of the Juvenile Act, Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes), and a sentence of limited imprisonment should be imposed even when a limited imprisonment is imposed.

Article 60 (1) of the Juvenile Act and Article 4 (2) of the Special Cases concerning the Punishment of Specific violent Crimes. This is to give an opportunity to lead a healthy life by reflecting the crime and returning it to society.

Therefore, when criminal punishment is imposed against a juvenile, the above intent of the law should be fully considered.

On the other hand, Article 32 (6) of the Juvenile Act provides that protective disposition against juveniles shall be taken in the future.

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