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(영문) 서울남부지방법원 2018.11.09 2018고합356

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On June 11, 2009, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court. On July 15, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime in the same court. On April 14, 2015, the Seoul High Court sentenced the Defendant to three years of imprisonment with prison labor for habitual night intrusion larceny at the Seoul High Court. On October 12, 2017, the execution of the sentence was completed.

[Criminal facts] 2018 Gohap 356

1. Around 23:40 on July 14, 2018, the Defendant: (a) discovered the opening of a house gate in Yangcheon-gu Seoul building and the victim D’s house in underground C; and (b) invaded to an inner bank through open gate; and (c) stolen cash amounting to KRW 49,000 on the part of the victim on the ground that he/she was placed on the floor; and (b) laid down on the ground that he/she was in the said place, in cash amounting to KRW 49,00 on the part of the victim.

As a result, the defendant was sentenced to punishment more than twice due to larceny, etc., and again intruded into the victim's residence at night within 3 years after the execution of the sentence is completed, and stolen the property owned by the victim.

2. From October 14, 2017 to May 26, 2018, the Defendant taken pictures of another person’s body against the victim’s will that may cause sexual humiliation over eight times in total, as described in the list of crimes in the attached Form, against the victim’s own house in front of a female victim’s house near Guro-gu Seoul Metropolitan Government. On October 14, 2017, the Defendant taken pictures of another person’s body that may cause sexual humiliations over eight times in total, as described in the list of crimes, from October 14, 2017 to May 26, 2018.

around 22:40 on July 6, 2018, the defendant of "2018 Gohap 463" came to front of a multi-household house located in Yangcheon-gu Seoul Metropolitan Government F, and then steals the resident's place, and enters the above house into the building.