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(영문) 수원지방법원 성남지원 2018.10.05 2018고단1233

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant shall be punished by imprisonment with prison labor for a period of two years and two months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 8, 2004, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. from the Suwon Branch of Seoul Northern District Court on July 19, 2006; imprisonment with prison labor for larceny, etc. from the Suwon Branch of Seoul Northern District Court on August 27, 2009; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on August 27, 2009; on March 19, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on October 23, 2015; and on October 23, 2015, the same type of criminal records is more than five times.

Criminal facts

On May 22, 2018, the Defendant ordered a trins in the 'E' restaurant for the operation of the victim D'(E) on the 11:10 in Sungnam-si, Sungnam-si, Manam-si, Manam-si, and requested the victim to drink alcohol, and then the victim stolen it with one wall containing 390,100 won in cash owned by the victim, 3 credit card holders, and one driver's license.

Accordingly, the defendant has committed larceny again within the period of repeated crime by a person who has been sentenced to imprisonment not less than three times due to larceny.

"2018 Highest 1650"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. On July 23, 2016, the Defendant stolen a victim’s cash amounting to KRW 96,000 in cash owned by the victim and KRW 2,000 in the market value, using the gaps in the “H” restaurant operated by the victim G in J, which is located in J, J, Si, Si, Si, Si, Do, by taking advantage of the gaps in which the victim’s attention was neglected; and

B. On March 22, 2017, around 21:50, the victim’s “L” located in the Dobong-gu Seoul Metropolitan Government J is stolen with 35,00 won or more of the market price owned by the victim, which is located in the display stand adjacent to the entrance, by taking advantage of the gaps in which the victim’s attention was neglected, from around 21:50 to around 35,00;

C. On April 17, 2017, at around 19:43, the victim’s 'O' in Dobong-gu Seoul Metropolitan Government M’s operation of the victim’s N, where the victim’s attention is neglected, then the victim’s market price owned by the door display stand is equivalent to KRW 21,500,00.