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(영문) 광주지방법원 순천지원 2013.12.19 2013고단2040
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

Seized evidence No. 9 shall be the evidence seized to the victim C.

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to a disposition to forward juvenile protection cases due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the former District Prosecutors' Office on December 30, 2009; on October 23, 2012, the above prosecutor's office received a disposition to forward juvenile protection cases due to larceny, etc. from the above prosecutor's office on April 25, 2013; and on April 25, 2013, the former Jeju District Court sentenced one year and six months of the suspended sentence to a

5.3. The above judgment becomes final and conclusive and currently during the suspension of execution.

Criminal facts

On September 15, 2013, at around 09:10 on September 15, 2013, the Defendant opened a string door that was parked by the victim C in front of the H restaurant located in G, and entered the next string door that was not corrected by the victim C, and has a white string light owned by the victim who was on the string hand.

On August 12, 2013, from around 10:00 to October 15, 107:00 of the same year, the Defendant habitually stolen property, such as cash, etc. totaling KRW 726,000, on seven occasions, as indicated in the annexed crime list, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each statement of C, D, K, L, F, and E;

1. On-site report (as to the comparison of video images of larceny cases with our receipt number 2013-9475)

1. Seizure records;

1. Previous records of judgment: Inquiries, investigative reports (report attached to the same kind of force), copies of judgment, investigation reports (verification of the results of forwarding the juvenile protection case);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

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

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a juvenile of 18 years of age.

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