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(영문) 서울남부지방법원 2017.04.26 2017고단658

특수절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On June 25, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on November 15, 2014, and completed the execution of the sentence at the Seoul Southern District Court on November 15, 2014. On February 19, 2016, the Defendant was sentenced to 4 months of imprisonment with prison labor for a violation of the Military Service Act at the Jung-gu District Court Goyang Branch Branch on May 21, 2016, and completed the execution of the sentence at the Jung-gu District Court.

[2] On January 26, 2017, the Defendant: (a) opened up to the second floor of the hospital located in Gangseo-gu Seoul Metropolitan Government on January 26, 2017; (b) opened the partitions of the hospital shop located in Gangseo-gu Seoul Metropolitan Government, and then destroyed and damaged the second floor of the above hospital; and (c) opened the store inside the said store, and (d) removed cash receipts and disbursements in the said location and the victim’s wall located in the west; and (b) removed 683,000 won in cash owned by the victim from the wall of the victim located in the said area.

They have come to her.

Accordingly, the defendant stolen the victim's property by damaging the door, the wall, and part of the structure at night, and by impairing the room possessed by the victim.

around 06:00 on February 9, 2017, the Defendant entered the “HPC room” in which the victim G was working on the F2nd floor in Yongsan-gu Seoul, Yongsan-gu, Seoul, and used a computer located therein for about 8 hours up to 14:00.

However, there was no cash at the time, and there was no intention or ability to pay the cost of using a computer in the PC due to no certain income.

Accordingly, the defendant deceivings the victim as above and used a computer in the PC by the victim, and did not pay 9,800 won to the victim, thereby acquiring the pecuniary benefits equivalent to the above amount.

around 15:08 on January 12, 2017, the Defendant entered the “KPC room” operated by the victim J in Seo-gu, Seo-gu, Gwangju, and the fourth floor, and used a computer located therein for about 27 hours until January 13, 2017.

However, at the time, there was no cash in cash for the defendant, and there was no certain income in the PC room.

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