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(영문) 서울중앙지방법원 2019.01.31 2018고합1143
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

【Criminal Power】 On August 30, 1995, the Defendant was sentenced to imprisonment for ten months with prison labor for night intrusion larceny at the Seoul Northern District Court, 2 years from the suspension of the execution of 10 months; 10 months from the imprisonment with prison labor for special larceny at the Seoul Central District Court on September 25, 1998; 3 months from the Seoul Northern District Court on November 28, 2002; 1 year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Northern District Court on May 3, 2006; 1 year and six months from the Seoul East East District Court on December 13, 2007; and 3 years from the Daegu District Court on September 30, 2011 to the punishment for larceny; and was sentenced to imprisonment with prison labor at the Seoul Central District Court on September 25, 2015.

In addition, on July 13, 2018, the Seoul Western District Court sentenced a fine of 5 million won for a crime of intrusion upon residence at the Seoul Western District Court, which became final and conclusive on November 29, 2018.

【Criminal Facts】 2018 Gohap143】

1. On April 25, 2018, at around 08:21, 2018, the Defendant: (a) observed that the victim B entered a password in the front stairs of the Gangnam-gu Seoul Metropolitan Government D Apartment E, where the husband and wife resides; (b) around 11:15 of the same day, the victim B entered the password, which was memoryd in advance between the victim B and the outside shipper at around 11:25 to 12:06 of the same day; and (c) opened the door door and intrudes into the apartment of the victims, and then it is difficult to identify the market price of the victims’ possession; and (d) two Damond half and 10,000 won new department store 40,000 won, and 70,000 won in total market price owned by the victim B, which was caused by the victim B, into the apartment of the victims.

2. The Defendant is located in Seocho-gu Seoul Metropolitan Government F apartment G around November 13:50 on November 12, 2018.

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