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(영문) 서울동부지방법원 2017.07.19 2017고합111

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 70,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A was sentenced to imprisonment with prison labor for 2 years and 6 months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on November 25, 2002; Defendant A was sentenced to imprisonment with prison labor for 1 year and 6 months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Gyeyang District Court on October 31, 2008; and on February 11, 2011, with prison labor for 10 months for a crime of violation of the Act (thief) in Gyeyang Branch Branch of the Government District Court on February 11, 201. On April 23, 2012, this court was sentenced to imprisonment with prison labor for 3 years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the relevant prison on March 5, 2015.

[Criminal Facts]

A. On June 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) entered the victim F’s house located in E at around 17:00 on June 10, 2016, and stolen property worth KRW 11,65,000 in total market price over 12 times in total, including the following: (a) 1 television amounting to KRW 3.60,00,000 in market price; (b) 200,000,000 in market price; and (c) 1,65,000 won in market price from June 10, 2016 to April 26, 2017.

As a result, the defendant was sentenced to two or more penalties due to habitual larceny, etc., and again stolen the victims' property within three years after the execution of the sentence is terminated or exempted.

B. Around 06:30 on April 6, 2017, the Defendant driving a K Poter Cargo Vehicle without obtaining a driver’s license from the front of the “H” road located in Seongdong-si, Seongbuk-gu, Seoul to the front day of the road. In addition, the Defendant driven a K Poter Cargo Vehicle without obtaining a driver’s license from around 20km from the front day of the road in Songpa-gu, Songpa-gu, Seoul.

2. Defendant B is a person who is engaged in selling and selling high water in operating a secondhand shop with the trade name of “H” in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

On January 31, 2017, the Defendant from H “A” around 07:00.