beta
(영문) 서울북부지방법원 2019.09.27 2019고단3228

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 23, 1999, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul District Court, on August 7, 2001, and one year and six months of imprisonment with prison labor for the same crime at the Seoul Northern Branch Branch of the Seoul District Court on November 15, 2004, and was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Western District Court on March 28, 2008, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Western District Court on November 26, 201; on April 15, 2016, the Defendant was sentenced to imprisonment with prison labor for a two year and two years from the Seoul East Branch of the Seoul District Court on August 25, 2017.

1. On July 27, 2019, the Defendant entering a building: (a) around 12:45 on July 27, 2019, the Defendant came to know of the fact that the Defendant was running the iron store in front of the iron store operated by Dobong-gu Seoul building and the victim C with the first floor; and (b) when the victim became aware of the fact that the Defendant did not temporarily set the iron store in front of the iron store operated by the victim C, the Defendant invadedd the building managed by the victim

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) did not commit an attempted crime against the victim, either at the time and place specified in paragraph (1), at a single easia construction district, the market price of which is equivalent to 100,000 won, and one boiler parts stuff, the market price of which is equivalent to 200,000 won.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again attempted to steals another's property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A photograph, on-site photograph, of the damaged article;