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(영문) 서울중앙지방법원 2018.03.21 2018고합160
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] The Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 22, 2009, and was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court's Support on September 27, 2012, and on October 24, 2014, the Seoul Central District Court sentenced the Defendant to three years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on January 28, 2018 and completed the execution of the sentence in the lawsuit against the first intersection of the North Korean Branch of the Seoul Central District Court on January 28, 2018. In addition, the records of punishment for the same crime are more than ten times

[Criminal facts]

1. On February 3, 2018, the Defendant committed the crime against the victim C at around 23:40, in the “E” operated by the victim C located in Jung-gu Seoul Metropolitan Government, Jung-gu, the Defendant opened a kitchen in which the victim was unsatisfed by the entrance of the above restaurant, opened the kitchen in which the victim was unsatisfyed, and intruded into the kitchen, and cut off the unsated Bed and half of the market price, which is the victim’s possession in the kitchen.

2. The Defendant committed the crime against the Victim F at around 00:50 on February 4, 2018, at “H” operated by the Victim F in Jung-gu Seoul, Jung-gu, Seoul, with the intent to cut off the victim’s food and drink of the restaurant, which was around the restaurant, and opened a door to the restaurant’s entrance book and enter the restaurant to the restaurant, and attempted to flee. The Defendant did not steals the goods at the wind of the security company’s emergency level installed in the restaurant at the Maddong cafeteria, and attempted to flee.

Accordingly, the Defendant, who habitually stolen or attempted to steals another’s property, was sentenced two or more times on account of the fact that he/she had been habitually punished, and again intruded on the victim C’s structure at night within three years after the execution of the sentence was completed or exempted, thereby thefting the said victim’s property. At night, the Defendant attempted to steals the said victim’s property by destroying a part of the structure of the victim F and impairing his/her residence.

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