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(영문) 서울남부지방법원 2018.07.20 2018고합49

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

[criminal records] On July 15, 2011, the Defendant was sentenced to two years of imprisonment by the Seoul Southern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On April 10, 2015, the Seoul High Court sentenced the Defendant to three years of imprisonment with prison labor for habitual special larceny and completed the execution of the sentence at the Seoul Detention Center on June 17, 2017.

[2] When the Defendant finds an abandoned house with no CCTV installed as a place of crime, and immediately after sunset, he was able to steal the house into the house through the window and cut off the house.

1. On November 19, 2017, around 19:00 on November 19, 2017, the Defendant: (a) around the victim E’s residence in Dobong-gu Seoul Metropolitan Government (hereinafter omitted) and 102; (b) the victim out and out of the house confirmed that the victim had not been inside the house; and (c) removed the toilet crime prevention window by hand, and opened the door through the window, and then cut the locking system inside the door through the window, thereby cutting down three a half of the market value equivalent to KRW 300,00,000, the market value of the victim owned by the head of the Ansan Tule and west-gu.

2. On December 2, 2017, the Defendant: (a) around 19:00 on December 2, 2017, at the residence of the victim G, the Defendant: (b) around the Dobong-gu Seoul Metropolitan Government F (hereinafter omitted) and 202 on the part of the victim G; (c) opened a bend window and opened a door that was not corrected by the victim after being out of the house; and (d) cut down the locking device from the inside the front door of the entrance, and then cut down one 11,00 won in cash, which is owned by the victim, at the head of the Ansan-gu, within the inside of the front door after locking the locking; and (d) one 1,50,000 won in market value of KRW 14k in cash, the market value of which is equivalent to KRW 150,00 in market value.

3. Crimes on December 9, 2017

A. On December 9, 2017, around 19:13, the Defendant came into the residence of the victim I located in Dobong-gu Seoul Metropolitan Government H (hereinafter omitted) and B01, and went into the inner wall beyond the inner wall and b01 as his/her hand and shaking the crime prevention windows.