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(영문) 서울중앙지방법원 2013.08.14 2013고단3062

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On February 27, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for the crime of injury, etc. at the Seoul Northern District Court and 2 years of suspended execution, and was sentenced to 1 year and six months of imprisonment with prison labor for the crime of larceny, etc. at the Seoul Western District Court on January 12, 2010, which became final and conclusive on January 15, 2010, and the said suspended execution became null and void, and the execution of each of the said suspended sentence was completed in the Busan Western Prison on January 10, 2012.

【Criminal Facts】

1. The Defendant, together with C and D, went to an abandoned house and steals valuables, etc. by entering the house by using the cresh in which the victims are unfolding the house;

A. On September 28, 2012, around 21:37, at the house of the victim F of the Seocho-gu Seoul Metropolitan E apartment 6 Dong 707 Dong 707, and at the vicinity of C and D, the Defendant, on the basis of the network, destroyed the crime prevention windows installed on the side of the apartment corridor, and entered the house, thereby cutting off, with approximately five million won in total of the market prices of precious metal, such as two erosings, one half ear, one half straw, and one net heat, etc.

B. At around 02:00 on September 29, 2012, at the victim H’s house of Seocho-gu Seoul Metropolitan Government G Apartment 1706, D, the Defendant and C, who reported the network near the apartment corridor, destroyed the crime prevention window installed on the side of the apartment corridor, and entered the house, and thereby thefting it with approximately 7 million won of the market price of approximately 30 million won, and one million won of the market price of the new global merchandise coupon;

C. Next, at the victim I's house of the above G apartment No. 1006, theft of an amount equivalent to four million won in the market value of one handbag for women in the same manner;

D. At the victim JJ’s house of the above G apartment apartment No. 704, the market price of the instant G apartment is equivalent to 1.2 million won in the net gold commemorative medal, 1.2 million won in the same manner, 2 gold-macks, 3 gold-macks, 4 million won in the market price, and 100,000 won in the outer hacks.

Accordingly, the defendant stolen the victims' objects habitually together with C and D.

2. The Defendant, along with D, was on duty to the victims.