beta
(영문) 서울북부지방법원 2015.02.03 2015고단70

특정범죄가중처벌등에관한법률위반(절도)등

Text

Nos. 2 and 3-A of the judgment of the defendant

SECTION 1 and 3-B of the holding, with respect to a crime, two months of imprisonment;

(c) One year of imprisonment for a crime;

Reasons

Punishment of the crime

On October 31, 2008, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Seoul Northern District Court. On May 12, 2011, the above court was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on May 20, 201 by the said court, and completed the execution of the sentence in the Ansan Prison on October 10, 2012. On July 3, 2014, the above court was sentenced to four months for imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a theft and intrusion upon residence) and completed the execution of the sentence on October 24, 2014 of the said year, and the Defendant was a person who has a lack of ability to distinguish or make decisions on the sentence due to a mental retardation second grade disability.

1. Violation of the Aggravated Punishment Act;

A. On February 9, 2014, at around 22:10, the Defendant: (a) opened a door of a car that was not set up by the victim D while discovering a low-end car owned by the victim in Seoul, Jung-gu; and (b) stolen the said car at a price equivalent to KRW 1.8 million at the market price by putting up and driving the car at the seat of the vehicle with the key displayed inside the vehicle.

B. At around 00:40 on December 14, 198 of the same year, the Defendant opened a door of a car with the above low string vehicle at the same place as the above 1-A, and drive the vehicle with the key that was stolen as the situation of the above 1-A and stolen by the circumstances of the above 1-A, thereby cutting down the tools such as 1,50,000 won and the market price of the said vehicle and the vehicle within it, 1,50,000 won, 3, 1, and 3,000 won.

C. On December 15, 198, the Defendant cut off electric wires of an amount equivalent to KRW 180,00 at the market price of the said passenger car and its in the same manner as that of the preceding paragraph at the same place as that of the preceding paragraph from around 15:00 to around 22:30 of the same year.

On December 19, 199, the Defendant, from around 07:10 to around 20:40 of the same year, brought electric wires equivalent to 1.6 million won at the market price owned by the above victim, which was kept in the parking lot at the same place as the preceding paragraph.