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(영문) 의정부지방법원 2019.05.09 2018고합166
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

A seized nives (No. 2) shall be confiscated.

Reasons

On February 22, 2005, the Defendant had been sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on February 22, 2005 and completed the execution of the sentence on July 14, 2017, after being sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on September 11, 2008.

Punishment of the crime

1. On January 2018, the Defendant: (a) opened a door that was not corrected on the second floor of the 2nd floor of the building located in Namyang-ju B, which had no people, and entered the victim C room; (b) and stolen cash owned by the victim of sexual harassment with KRW 3.80,000,000, which were in the victim’s possession.

2. On February 6, 2018, around 17:42 on February 6, 2018, the Defendant: (a) opened a door that was not corrected by means of any cresh in the first floor located in Namyang-ju building located in Namyang-ju, and (b) opened a door that was not corrected by people; and (c) had 2.30,000 won in cash owned by the victim E and stolen it.

3. From October 2017 to February 11, 2018, the Defendant committed a crime, from around October 2017 to around February 11, 2018, committed a theft of bicycles over 11 times in total, as shown in the list of crimes in the annexed sheet, by having a person prepared for the correction device of the victim’s non-owned market value equivalent to KRW 300,000,000, which was set up in the F apartment Gdong G, Nam-si.

4. On January 15, 2019, around 13:45 on January 15, 2019, the Defendant: (a) opened at his own discretion a steel door door to the J factory managed by the victim I in Macheon-si; and (b) invaded upon the structure managed by the victim by entering the factory.

Accordingly, the defendant is punished twice or more by habitually committing larceny.

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