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(영문) 서울북부지방법원 2019.11.29 2019고단4305

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 19, 2008, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Seoul Northern District Court. On November 12, 2015, the Defendant was sentenced to one year of imprisonment for larceny, etc. by the same court. On November 24, 2017, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by its branch court in the Daegu District Court, which was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Violation of the Aggravated Punishment Act;

A. On September 29, 2019, the Defendant: (a) around 10:55 on September 29, 2019, at the rest of “C” located in Gangnam-gu Seoul Metropolitan Government (Seoul); (b) around 65,000 won in cash owned by the victim D, which was located on the television table; and (c) around the market price of the said victim’s possession of 30,000 won.

B. On October 1, 2019, the Defendant: (a) around 11:30 on October 1, 2019, the Defendant opened a window where the victim F was living on the first floor of the building underground in Dobong-gu Seoul, Dobong-gu, Seoul, and did not correct the gap of the victim’s outward, and (b) opened a window where the victim’s outwards were not corrected; (c) the Defendant had one half wall for male use of the amount of KRW 50,000 at the market price where there was one credit card and one physical check card; and (d) 30,000 won for cash owned by the victim in the front of the contact.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and again stolen another's property within the repeated crime period.

2. On October 1, 2019, around 11:30 on October 1, 2019, the Defendant was living together with the victim F, on the first floor of the Dobong-gu Seoul building E, Dobong-gu, Seoul, who opened a window that was not corrected in excess of the fence for the purpose of theft of money and valuables and infringed upon the victim’s residence by entering the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1.F and written statements of D.