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(영문) 수원지방법원 성남지원 2016.12.16 2016고단1717
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal power] On November 19, 198, the Defendant was sentenced to two years of imprisonment for special larceny, etc. at the Incheon District Court. On December 28, 200, the same court was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On January 28, 2003, the Seoul District Court was sentenced to two years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 6, 2006, the Defendant was sentenced to three years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 29, 2008, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court's Sungnam Branch Branch on June 28, 2012, and completed the execution of the sentence from the North Korean prison on May 12, 2015.

around 18:30 on June 7, 2016, the Defendant, “2016 Highest 1717,” collected money and valuables by intrusioning upon the other party’s house, along with C, around June 7, 2016.

1. On June 8, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) with C, and around 14:20 on June 8, 2016, the Defendant came to the house of the victim E located in Seongbuk-gu, Sungnam-si, Sungnam-si, and confirmed that there is no person inside the house, C divided the victim’s portrait and opened an entrance by cutting off the corrected entrance, and the Defendant went to the house of the victim with his intention to steals property.

Accordingly, the defendant infringed upon the victim's residence jointly with C.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) reported with C on the date and time, place stipulated in Paragraph (1) together with C, and C in front of the Victim E’s house, and the Defendant entered the victim’s house through the entrance, and carried four precious metal products in total amount of KRW 1 million, including one gold boom, which is the victim’s possession, inside and outside the house.

Accordingly, the defendant is guilty.

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