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(영문) 서울중앙지방법원 2019.10.23 2019고단5254
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On May 18, 2012, the Defendant was sentenced to two months of imprisonment with prison labor for night building intrusion larceny at the Sungnam Branch of the Suwon District Court, and on June 15, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for night building intrusion larceny at the Seoul Central District Court on July 4, 2013, 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 (Larceny) at the Seoul Central District Court on July 4, 2013; on April 10, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a habitual special larceny at the Sungnam Branch Branch of the Suwon District Court on April 10, 2015; on June 1, 2017, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. (Larceny), and on July 31, 2019>

[2019 Highest 5254]

1. On August 3, 2019, the Defendant: (a) around 20:10 on August 3, 2019, on the part of the Defendant committed the crime, at around 20:10, the victim C in the Jung-gu Seoul Metropolitan Government and the first floor, opened a window not locked in the restaurant by using the crepans without the victim; (b) opened the door by gathering the arms; and (c) intruded the door inside the restaurant; and (d) cut off the cash amount of KRW 45,00 in the possession of the victim, which was kept in custody in the safe, into the building managed by the victim at night; and (d) stolen the victim’s property by intrusioning the building managed by the victim at night.

2. On August 4, 2019, the Defendant committed the crime around 00:0 on August 4, 2019, and around 00:0, at the Hanam-si E building, and “G” restaurant operated by the victim F, the first floor, by breaking the entrance door of the restaurant in hand by means of the cresh in which the victim did not have any room, cancelled the locker, and intrude into the restaurant inside the restaurant, and cut off the victim’s property by cutting off approximately 400,000 won in cash owned by the victim, which was kept in the safe, at night, and then cutting down the victim’s property by intrusioning the victim’s property.

3. On August 9, 2019, the Defendant did not have any victim at around 01:55, around August 9, 2019, at the time of committing the crime at the “J” restaurant operated by Gwangjin-gu Seoul Special Metropolitan City H building and the victim I on the first floor.

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