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(영문) 대전지방법원 2019.11.21 2019고단3288

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On October 14, 2013, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Seoul Central District Court, on April 30, 2015, sentenced to one year and six months of imprisonment with prison labor for the same crime, etc. in the Gyeyang Branch Branch of the Suwon District Court on April 30, 2015, and on April 4, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for habitual larceny, etc. in the Youngcheon Branch of the Chuncheon District Court on February 2, 2019.

"2019 Highest 3288"

1. From around 00:00 on May 21, 2019 to around 00:36 of the same day, the Defendant embezzled the property that was occupied by the victim without following necessary procedures, such as returning it to the victim, even though he/she acquired one copy of the DNA card owned by the victim C, from around May 21, 2019 to around 00:36.

2. From around 17:05 on June 4, 2019 to around 18:55 on the same day, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft against the victim F of the victim E in Dobong-gu Seoul Metropolitan Government, and committed a theft against the victim’s residence over 24 km (5 km) with nine kms of total market value of 9,00,000 won in the victim’s market value located at 25 times in total, as indicated in the attached Table 1, from around August 19, 2019, the Defendant stolen or attempted to steals the victims’ property amounting to 41,630,000 won in total, and invaded the victims’ residence over 27 times in total.

Accordingly, the Defendant infringed upon the victims’ residence and was sentenced to imprisonment not less than three times due to the theft crime, but again committed the larceny during the period of repeated crime.

3. Fraud or violation of the Specialized Credit Finance Business Act;

A. On May 21, 2019, the Defendant committed the crime at around 00:36 on May 21, 2019, at the “H convenience store operated by the victim under the name in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul,” and C’s DNA card acquired as stated in paragraph (1).