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(영문) 대전지방법원 서산지원 2013.09.30 2013고단206

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendants shall be punished by imprisonment for five years.

The evidence of the Daejeon District Prosecutors' Office of Daejeon District Prosecutors' Office, No. 67 of 2013, No. 1.

Reasons

Punishment of the crime

【Criminal Power】

1. Defendant A:

A. On September 16, 1994, the Daejeon District Court has been sentenced to a suspended sentence of one year for special larceny; and

(b) As sentenced on March 8, 2005 to 6 months of imprisonment with prison labor for the storage of stolen goods at the Busan District Court; or

C. On April 1, 2005, in order to issue a summary order of 300,000 won of a fine for attempted larceny at the Goyang Branch of the District Court for a crime of larceny;

D. On August 17, 2006, the Daejeon District Court rendered a sentence of imprisonment with prison labor for larceny for a period of one year and six months;

E. On May 28, 2007, sentenced to imprisonment with prison labor for the commission of stolen goods in the Daejeon District Court's collegiate branch office, and two years;

F. On August 6, 2010, the Incheon District Court sentenced two years of imprisonment for special larceny and completed the execution of the sentence in the Daejeon Prison on January 24, 2012.

2. Defendant B:

(a) sentenced on August 9, 1996 to 10 months of imprisonment with prison labor at the Seoul District Court for a charge of transferring stolen goods;

B. On January 22, 1998, the Government Branch of the Seoul District Court sentenced 2 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Funeral),

C. On July 5, 2001, the Seoul District Court has been sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Funerals).

D. On April 1, 2005, the Incheon District Court has been sentenced to four years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

1. At around 18:40 on March 15, 2012, Defendant A: (a) infringed upon the victim G’s house-based windows of F apartment 106 Dong 203, Mapo-gu Seoul Metropolitan Government F apartment 106 Dong 203, with the victim’s right of cultural products worth KRW 35,000, KRW 75,000, and KRW 75,00.

2. The Defendants gathered to steal the property by intrusioning upon an apartment in the absence of the resident. At around December 26, 2013, around 18:30, the Defendants came to the victim I’s house of H apartment 101 Dong 308, Jung-gu, Seoul. Defendant B confirmed that the said apartment stairs were not inside the victim’s house, and reported the 1st floor and the network, and the Defendant A confirmed that the said apartment was not inside the said apartment stairs.