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(영문) 서울중앙지방법원 2018.05.10 2017고합1314

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On March 27, 2014, the Defendant was sentenced to three years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in support of the Sungnam branch of Suwon branch on March 27, 2014, and completed the execution of the sentence at the Sungsung vocational training prison on November 10, 2016.

In addition, on October 13, 2003, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on March 23, 2007, and was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Dong District Court on March 23, 2007, and on November 27, 2009, the Seoul Western District Court was sentenced to three years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on November 27, 2009.

On December 7, 2017, the Defendant: (a) around 13:40 on December 7, 2017, the third floor of the victim D residing in Gwanak-gu, Seoul Special Metropolitan City; (b) opened a closed door; (c) intruded into the house, and caused two cosmetics equivalent to KRW 70,000 at the market price of the victim owned by the victim, who was in the front of the house, and was in the front of the third floor of the victim D, located in the Gwanak-gu, Seoul Special Metropolitan City. Accordingly, the Defendant stolen the victim’s property again within three years after he/she was sentenced to larceny on at least two occasions, and completed the execution of the sentence.

The Defendant is a person who is engaged in driving of an E rocketing car.

On November 21, 2017, the Defendant driven the said car as around 19:50 as a duty, and led to the passage of the scarb-distance cross-section from the scarb-side to the scarb-side of the new distance from the scarb-side to the scarb-side.

Since there is an intersection where a signal is installed, the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed and observe the signal and operate the motor vehicle safely.

Nevertheless, the defendant neglected to do so and even though the cross-road signal is red.