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(영문) 서울중앙지방법원 2013.09.13 2013고합797

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On October 11, 2002, 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 Seoul District Court on the Aggravated Punishment, etc. of Specific Crimes, and three years with prison labor for the same crime at the Seoul Western District Court on October 21, 2004, and two years with prison labor for the same crime at the Seoul Southern District Court on November 1, 2007, respectively. On December 24, 2009, the Defendant was sentenced to three years with prison labor for the same crime at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on October 16, 2012.

At around 03:00 on July 18, 2013, the Defendant intruded into the house through the victim D's house located in the Seoul Special Metropolitan City C Apartment 108 202 dong 108 dong 202, and came up with 4 national card owned by the victim D, nive point card, 1 copy of live point card, 1 copy of live point card, 1 copy of a driver's license, 300,000,000,000,000,000,000,000,000 won.

B. In addition, around 03:00 on July 18, 2013, the Defendant, using a stolen vehicle’s key, tried to open a door of the said SM3 car owned by the victim D and to steal cash or valuables inside the said SM3 car, but did not lead to the Defendant’s escape by promptly closing the door, which was opened to be alerted on the said SM3 car.

As a result, the Defendant was sentenced two or more times to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again attempted to steals or steals the victims' property twice within three years after the execution of the sentence was completed.

2. The Defendant in violation of the Fraud and the Specialized Credit Finance Business Act is the first week operated by the victim H of the Gwanak-gu Seoul Special Metropolitan City G from July 18, 2013 to 06:26.