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(영문) 전주지방법원 정읍지원 2016.04.05 2015고단656
절도
Text

A defendant shall be punished by imprisonment with prison labor for a maximum of six months and a short of four months.

Reasons

Punishment of the crime

On November 2, 2015, at around 11:10, the Defendant stolen Maart managed by the victim D in Go Chang-gun, North Chang-gun, by making use of the gaps in which the victim's management is neglected, with approximately KRW 80,000 of the market price occupied by the damaged person in the display stand, with two parts of the electronic tobacco amounting to KRW 80,000,000 of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of photographs);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. On April 21, 2015, the reason for sentencing under Articles 2 and 60(1) of the Illegal Juvenile Act was that the Defendant was subject to a disposition of juvenile protection twice for the same kind of crime, and on April 21, 2015, the court was punished by a suspended sentence of one year for six months by imprisonment with prison labor for special larceny, etc.

The Defendant committed the instant crime even during the period of suspension of execution due to the instant crime, and even during the special larceny case No. 547 of the High Court Decision 2015.

Considering the above, the sentence of imprisonment is inevitable even considering the fact that the defendant is a juvenile.

However, there is a possibility of sufficient edification and improvement as a juvenile under 17 years of age, since the defendant agreed with F and F that F will take a preference against the defendant, that the defendant is a disabled person of Grade IV in mental delay, that the defendant has grow up in an unsound environment, and that he is still a juvenile under 17 years of age.

In full view of all the circumstances shown in the records and arguments of this case, such as the character and conduct, motive and background of the crime, the method and circumstances before and after the crime, etc., the punishment as ordered shall be determined.

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