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(영문) 수원지방법원 2016.12.01 2016노6534
특수절도등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for one year.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to the punishment (one and half years of imprisonment for each term, one year and six months, and one year of short term) is too unreasonable.

2. Determination

A. We examine the judgment ex officio on the grounds of appeal by Defendant C prior to the judgment ex officio on the grounds of appeal by Defendant C.

Defendant

C As AE at the time of the pronouncement of the lower judgment, it was sentenced to an irregular term for falling under “juvenile” under Article 2 of the Juvenile Act at the time of the pronouncement of the lower judgment, but it is apparent that the Defendant C was no longer a juvenile under the age of 19 and has been sentenced to a more than 19 years. As such, the part on Defendant C among the lower judgment that sentenced Defendant C to an irregular term of imprisonment cannot be maintained.

B. The judgment of Defendant A and B on the grounds of appeal by Defendant A and B is still juvenile; the above Defendants seem to have recognized the crime of this case and against the wrongness; each cell phone that stolen from the victim H and M among the stolen goods of this case appears to have been returned to the above victims; and it appears that Defendant A paid a certain amount to the victim M and V, and that the damage to the above victims was considerably recovered, are favorable to the above Defendants.

However, Defendant A had several records of juvenile protection disposition due to special robbery, special larceny, etc., Defendant B also committed each of the crimes of this case, which are the same kind of crime, even though there was the record that Defendant B had received a disposition of suspension of indictment on the condition of leading the crime of special larceny, and a disposition of juvenile protection due to attempted special robbery. In addition, there are many times of the crime of this case, and some of the crimes of this case are committed jointly by the above Defendants, which committed the crime of this case, that the crime of this case was committed by infringing upon the residential space or destroying a part of the structure at night, and that the crime is not good, and that most victims, including victims E, have not been recovered properly.

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