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(영문) 서울중앙지방법원 2017.12.22 2017고합1170
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On June 2, 2004, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspension of execution due to special larceny, etc. at the National Assembly, on August 18, 2004; imprisonment with prison labor for larceny, etc. at the same court on January 12, 2007; imprisonment with prison labor for six months due to larceny, etc. at the same court on January 30, 209; imprisonment with prison labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court’s Vice Branch Branch on January 30, 2009; one year from August 26, 2010 to one year from the Seoul Southern District Court’s night intrusion larceny; imprisonment with prison labor for eight months from the same court on December 20, 2010 to one another; imprisonment with prison labor for two years from the Seoul District Court on April 18, 2013 to one another (one year from the Seoul District Court).

[Criminal facts]

1. On October 27, 2017, around 02:41, at the construction site of the studio building located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant laid off the victim D, who is the director of the construction site, and then intruded into the new building with a tent with the entrance of the construction site, and then cut off the electric wires of 600,000 won at the market price installed for the distribution of the first floor using a cut machine, which was suffering from the total fire exhaustr, and cut off by means of loading them on the fingers.

2. On October 28, 2017, around 00:10, the Defendant returned home at the construction site of the building in Gwanak-gu, Seoul Special Metropolitan City, and intruded into the new building by using any gaps in surveillance negligence, and then opened the electric wires at the market value of KRW 150,000,000 at the site of the building in his/her hand, and cut off them by means of loading them on hand.

Accordingly, the defendant is habitually sentenced to punishment twice or more due to larceny, etc., and the execution thereof is completed at night within three years.

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