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(영문) 의정부지방법원 고양지원 2016.11.25 2016고합119
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

Defendant

40 hours for B.

Reasons

Punishment of the crime

[Criminal Power] On April 2, 2003, Defendant A sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) at Seoul Southern District Court on October 25, 2006 and three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on August 13, 2009; on May 23, 2012, Defendant A completed the execution of the said punishment on April 1, 2015, by having been sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on the Aggravated Punishment, etc. of Specific Crimes.

Defendant

B On September 27, 2013, the Incheon District Court sentenced one year and six months of imprisonment for fraud, and completed the execution of the sentence on September 19, 2014.

【Criminal Facts】

around June 19, 2016, the Defendants: (a) entered a hallway-type apartment in the vicinity EFel located in Seocheon-gu, Seocheon-gu, Seocheon-gu, for the purpose of preparing living expenses; (b) created a space for gathering the crime prevention of abandoned houses; and (c) recruited a theft of goods located therein by means of intrusion into the house.

1. At around 13:42 on June 20, 2016, the Defendants collected the victim H, which was located in Yongsan-gu Seoul Special Metropolitan City G 205 Do 301, Goyang-gu, Manyang-si, 2016, and Defendant B divided the first race and confirmed whether it is an abandoned house, and if there is no seal, Defendant B reported the network to the elevator, and Defendant A created a space for the burial wall prepared in advance to save the crime prevention room with his hand, and invaded the victim’s residence by opening the entrance door so that Defendant B can enter the house.

The defendants continued to have two chinesc clocks equivalent to the total market value of one million won in the victim's possession at the victim's house and one chisc eb tamp equivalent to one million won in the market price.

As a result, the Defendants jointly do so, Defendant A habitually steals the victim’s property, and Defendant B jointly with Defendant A.

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