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(영문) 수원지방법원 여주지원 2019.07.18 2019고합8

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

The seized TPP1 (No. 3) and one cut (No. 4) shall be confiscated, respectively.

Reasons

Punishment of the crime

[criminal power] On May 26, 1999, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for larceny, etc. at the Incheon District Court. On October 13, 2000, the Seoul High Court sentenced 3 years and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on April 30, 2004, and sentenced 3 years and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on April 16, 2009. On January 24, 2014, the Defendant was sentenced to 5 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul East District Court on November 11, 2018.

【Criminal Facts】

1. On January 4, 2019, at around 11:44, the Defendant came to the residence of the victim of Yeonsu-gu Incheon Metropolitan City B apartment-dong △△△△, Yeonsu-gu, Incheon, and cut a part of the crime prevention window by using a cutting device prepared in advance between the victim and cut off part of the window and did not correct the window, and intrude into the inner bank and the small bank, and then, the Defendant did not commit an attempted crime because there was no object that could be stolen, but there was no object that could be stolen.

2. On January 4, 2019, between 11:44 and 13:03, the Defendant came to the residence of the victim of the Yeonsu-gu Incheon Metropolitan Government B apartment apartment unit D, and entered the victim’s house into the residence, and opened and intruded with a window not corrected by using the cutting machine prepared in advance between the victim’s house, and then changed the sum of the damages to the victim’s house as above, on June 3, 2019, the sum of the market price of approximately KRW 1.5 million, including three plastic metals, half-ins, and eargs containing approximately KRW 700,000,000,00 in total, including approximately KRW 8,000,000,000,000 in the total market price of approximately KRW 3.2,2 million in the indictment, but as a result of the amendment to the indictment on June 3, 2019, the sum of damages to the victim was changed to KRW 3.2 million.