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(영문) 의정부지방법원 2020.02.04 2019고단5982
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On April 26, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Suwon District Court on August 26, 2010 and one year and two months of imprisonment with prison labor for the same crime, etc. at the Sungwon District Court Sungnam Branch Branch on August 9, 2012, and the Daegu District Court on January 26, 2016, and one year of imprisonment with prison labor for the same crime, etc. on November 30, 2017. On September 24, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime.

【Criminal Facts】

1. Crimes against victims C;

A. Around 10:00 on November 30, 2019, the Defendant entering a residence came into the house of the victim C, which was located in Pyeongtaek-gun B, and then stolen the property, and the Defendant removed the victim’s window behind the collection of the property in his/her hand, and intruded the victim’s house through the above window, thereby impairing the victim’s residence.

B. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft with a victim’s house at the time and place indicated in the above paragraph (a), and with a single eths owned by the victim, and with a single market value.

2. Crimes against victims D;

A. On November 30, 2019, around 10:30 on November 30, 2019, the Defendant: (a) lived the victim D’s house located in Pyeongtaek-gun E; (b) lived the victim’s house by destroying the property to the second floor by using a steel plate located behind the victim’s house; and (c) opened a toilet window that had not been corrected; and (d) intruded the victim’s house through the said window.

나. 특정범죄가중처벌등에관한법률위반(절도) 피고인은 위 가항 기재 일시 장소에서, 위와 같이 피해자의 집에 들어가 그곳에 있던 피해자 소유의 롤렉스 시계 1개, 돼지 저금통에 들어 있던 현금, 브라이틀링 시계 1개, 제이에스티나 목걸이 및 귀걸이 등 합계 9,850,000원 상당의 재물을 가지고 나와 이를 절취하였다.

Accordingly, the defendant intrudes on the victims' residence and commits larceny at least three times.

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