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(영문) 서울중앙지방법원 2019.09.20 2019고합649
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On August 28, 2015, the Defendant was sentenced to one year and four months of imprisonment with prison labor for habitual larceny, etc. at the Seoul Central District Court on June 28, 2016, and completed the execution of the sentence. On August 31, 2016, the same court was sentenced to one year of imprisonment with prison labor for habitual larceny and completed the execution of the sentence on July 14, 2017. On April 19, 2018, the Seoul High Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) and completed the execution of the sentence on March 20, 2019.

【Criminal Facts】

1. On June 8, 2019, around 22:55, the Defendant, at the “D” restaurant of the victim C’s operation in Seocho-gu Seoul Metropolitan Government (Seoul) on June 8, 2019, intruded with the entrance without a correction device by means of any cresh and any cresh in which employees leave the room and did not find money and valuables, but did not bring about an attempted attempt.

2. At around 22:57 the same day as Paragraph 1, the Defendant, at the “F” restaurant for the victim E’s operation in the above B building, intruded with the entrance where no correction device is installed, using the cresh that employees leave and did not find money and valuables, but did not bring about an attempted attempt.

3. At around 22:59 on the same day as Paragraph 1, the Defendant cut off cash of KRW 790,000 (one hundred thousand cashier’s checks, 13, 10,000 won, and 4 KRW 10,000) owned by the Victim G management “H” restaurant operated by the victim G management in the above B building, where employees left the door and did not have any correction device, and used the crebs, and was stored in the West below the calculation unit, and cut off the cash of KRW 790,00 on the part of the victim.

Accordingly, the defendant was sentenced to punishment twice or more due to habitual larceny, etc., and again attempted to steals another's property or to steals over three times within three years after the execution of the sentence was completed.

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