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(영문) 서울동부지방법원 2018.09.14 2018고합149
특정범죄가중처벌등에관한법률위반(강도상해등재범)등
Text

A defendant shall be punished by imprisonment for seven years.

For a person who has requested an attachment order, an electronic tracking device shall be attached for a period of ten years.

Reasons

Criminal facts

On June 24, 2011, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) were sentenced to imprisonment with prison labor for not more than seven years and a fine not exceeding 300,000 won for robbery, etc. at the Seoul Eastern District Court, and completed the execution of the sentence on December 31, 2017.

[Criminal facts] 2018 Gohap 149

1. Larceny;

A. On May 10, 2018, around 06:00, the Defendant discovered and driven a vehicle owned by the victim of DK3 before Gangnam-gu Seoul Metropolitan Government, with the key affixed to the vehicle and brought the vehicle to a parking place.

B. On May 10, 2018, at around 07:40, the Defendant: (a) discovered and driven a vehicle with the key of the victim GM3 passenger cars owned by the victim F in Songpa-gu Seoul, and parked in the H parking lot in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) brought about approximately KRW 500,000,000,000 of the market value of the above victim’s Samsung gallon, which was located in the said vehicle, cut out the smart key equivalent to approximately KRW 100,000,000,000,000 won.

(c)

On May 10, 2018, the Defendant discovered that the Llearning car owned by the Victim K was parked at the J cafeteria parking lot located in Songpa-gu Seoul, Songpa-gu, Seoul and brought it into driving as it is, at around 08:23, by discovering the key of the vehicle.

2. Around May 10, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., robbery) (i., robbery) (i.e., robbery), around 08:35, in a parking lot located in Songpa-gu Seoul, Songpa-gu, Seoul, discovered that a motor vehicle in the Obland owned by the victim N(52) was parked in a vehicle with a key affixed to the motor vehicle and driven it as it is, the Defendant was trying to open the driver’s seat in order to prevent the said victim from driving the motor vehicle and the Defendant, and caused the said victim to go beyond the floor by opening the driver’s seat door.

Accordingly, the defendant was sentenced to the crime of injury resulting from robbery, etc. as stated in the record of the above crime, and the defendant assaulted the above victim for the purpose of resisting the recovery of property within three years after the execution of the sentence was completed.

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