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(영문) 제주지방법원 2019.08.09 2019고단1324

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On December 10, 2009, the Defendant was sentenced to three years from the Jeju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On June 27, 2013, the Defendant was sentenced to four years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 15, 2019, the Defendant was sentenced to three years from the procedure of reexamination (2016 inventory 9) that began with respect to the same case according to the Constitutional Court’s decision of unconstitutionality as to some of the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on February 16, 2017, the Defendant was sentenced to three years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Heung prison on May 15, 2019.

(For the convenience of doing so, the part of the above criminal records was modified).

1. Around 10:00 on June 9, 2019, the Defendant invaded upon the victim’s residence through the entrance of the entrance, which was not locked, in the victim C’s house located in Seocho-si, Seopopopo City B, and did also intrude on the victim’s house.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) taken 50,00 won in cash, 50,000 won in cash, 10,000 won in cash, 15,00 won in 15, and 7 agricultural cooperative products, where the market price cannot be known, were removed at the time and at the place specified in paragraph (1) of this Article, and 1,000 in 295,000 won in cash, which is owned by the victim’s mother in the inside room, and 1,000 in 1,00 in 20,000 won in 1,000 in 1,000 in 20,000 won in 1,000 won in 1,000 won in 20,000 won in 1,000 won in 1,000 won in 1,000 won in 20.

Accordingly, even though the defendant was sentenced to imprisonment with prison labor or more times due to larceny, the defendant's property is again the victim during the repeated crime period.