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(영문) 수원지방법원 안산지원 2018.05.24 2018고단798

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Power of crime] On June 14, 1995, the Defendant was sentenced to imprisonment with prison labor for a maximum of ten months or more for a short term of eight months or more for special larceny; on January 23, 1998, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Seoul Central District Court on November 21, 200; on November 15, 2006, the Defendant was sentenced to one year and six months for special larceny; on November 15, 2006, the Seoul Southern District Court sentenced the Defendant to one year of imprisonment with prison labor for larceny, etc.; on July 2, 2008, the Defendant was sentenced to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court Branch on March 26, 2010; on March 26, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court.

[Criminal facts] 2018 Highest 798

1. On February 1, 2018, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), intrusion upon residence, and attempted intrusion upon residence, was placed in the “E” restaurant operated by the victim D in light of the victim D in C at around 21:30 on February 1, 2018, and went into the restaurant. After not corrected, the Defendant stolen the money receipt and disbursement instrument, which contains approximately KRW 12,000 of the cash owned by the victim in the carcter, and one unrevenur who was in the market value.

The Defendant, from that time until February 26, 2018, invadedd the victims’ residence at a total of 13 times during the week or night, and stolen or attempted property.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to the crimes of Articles 329 through 331 of the Criminal Act, he again committed the crime during the period of repeated crime, and attempted to intrude or intrude upon the victims' residence.

2. The Defendant violated the Road Traffic Act (unlicensed driving) on the same day from January 22, 2018 to the same day.