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(영문) 수원지방법원 안양지원 2014.12.12 2014고합132

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 12, 1994, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju High Court on March 12, 1994; imprisonment for one year and six months with prison labor for the same crime at the Jeonju District Court on September 26, 1995; imprisonment for one year and six months at the Seoul Southern District Court on December 23, 1998; imprisonment for the same crime at the Seoul Southern District Court on March 23, 2001; three years with prison labor for the same crime at the Suwon District Court on June 15, 2004; three years with prison labor for the same crime at the same court on March 21, 2007; imprisonment for four years with prison labor for the same crime at the same court on July 14, 2010; and completed the execution of the final sentence on May 10, 2014.

【2014 high-level 132, 148】 The Defendant came to fall under the E apartment 119-dong, a victim D’s residence in Gunpo-si, Mapo-si, Mapo-si, Mapo-si, around July 11, 2014, at around 02:20, and came to a house and enter the house, and intrudes upon the house. From around May 12, 2014, the Defendant cited 150,000 won in cash on the said house cremation and stolen it.

7. Between 18.18., as indicated in the annexed Table Nos. 1, 2, 4, and 28, a total of 27,501,00 won, which was habitually invaded upon the victims’ residence at night, was stolen or attempted to steals.

【2014 High 219】 On May 16, 2014, the Defendant: (a) on the first floor of the apartment that the victim G (Woo, 40 years old) was living in F in Suwon-si, Suwon-si, Suwon-si; (b) opened a bend door and intrudes the victim’s residence in order to steals the goods; and (c) discovered the victim who was locked by suffering from half abro and put in the victim’s dwelling; and (d) committed self-defense by means of scaming the victim’s sexual organ in his hand; and (c) found the victim’s mack.

Accordingly, the defendant intrudes on the victim's residence at night, steals property, and uses the victim's habitual condition.