beta
(영문) 서울동부지방법원 2018.02.07 2017고단3751

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On January 16, 2007, the Defendant was sentenced to a suspended sentence of 2 months in Seoul Western District Court on June 25, 2007 due to night intrusion larceny, etc., sentenced to a suspended sentence of 8 months in the same court on April 25, 2007, and sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the same court on May 16, 2008, sentenced to a sentenced sentence of 10 months in imprisonment with prison labor on September 15, 201, and completed the execution of the sentence by a prison on April 29, 201, after being sentenced to imprisonment with prison labor for habitual night intrusion larceny at the same Seoul Western District Court on August 25, 2015. < Amended by Act No. 10654, Apr. 29, 2016>

[2017 Highest 3751]

1. On June 18, 2017, around 15:55, the Defendant invaded upon a structure: (a) opened a corrected entrance by means of the key stored in the postal service of the victim D, who was in Seongdong-gu Seoul, Seongdong-gu, and the first underground floor, in front of “E” under the oral exhibition hall managed by the victim D; (b) and (c) invaded the structure managed by the victim by entering the said exhibition hall into the structure.

2. At the time of the day specified in paragraph 1, the Defendant stolen property worth KRW 1.2 million in total, including one computer equivalent to KRW 600,000,000 of the market value owned by the victim D, one cellular phone of the gallon of the market value of KRW 600,000,000, and one gallon of the market value.

[2018 Highest 215] The Defendant used the cell phone for two years from G located in Gwangju Northern-gu F on September 16, 2016 to the victim H.

600,000 won of LG Telecom mobile phone fees which had not been paid so far will be paid without a mold until the next day. In this regard, it was false to the effect that “the chips are changed by the end of the short term and the USIM.”

However, in fact, when the defendant received cell phones, he was thought to sell it immediately and used it as living expenses, etc., and there was no particular income at the time, so two years after he paid the unpaid charge of KRW 600,000.