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(영문) 서울북부지방법원 2019.09.19 2019고단2704
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 to 7 shall be confiscated.

No. 9 through 13 of seized evidence.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 200, the Defendant was sentenced to five years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at Daejeon District Court. On August 4, 2006, the Seoul Western District Court sentenced one year of imprisonment for the attempted larceny at night. On July 23, 2008, the Seoul Western District Court sentenced five years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Western District Court. On July 18, 2013, the Defendant was sentenced to six years of imprisonment for the same crime, etc. at the Seoul Western District Court, and completed the execution of the sentence at the female prison on May 2, 2019.

【Criminal Facts】

1. The Defendant in violation of the Aggravated Punishment, etc. of Specific Crimes (thief) indicated in the indictment at around 01:21, May 29, 2019 as “02:22.” However, it is obvious that the indictment is a clerical error in the “01:21” and thus, is corrected as above.

In the E embassy, the victim D residing in Seongbuk-gu Seoul Metropolitan Government, went beyond his mind to steal money and valuables, and intrudes into the said Embassy, but did not find any stolen objects, and did not do so to attempted crimes, from June 11, 2019, up to nine times until June 11, 2019, the victim D infringed on the victim's residence at night, and then stolen or attempted to steals property worth KRW 332,000 in total, or attempted to steals.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and committed at night, intrusion of residence, larceny and attempted larceny during the period of repeated crime.

2. Violation of the Road Traffic Act;

A. On May 28, 2019, the Defendant: (a) from the G road located in Seongbuk-gu Seoul Metropolitan Government F on May 28, 2019 to the G road located in the same Gu in front of the fixed door of the H apartment house; and (b) again, was driving an Ifol car without a vehicle driver’s license in a section of approximately 286 meters near the said G.

B. At around 04:20 on May 29, 2019, the Defendant is located near G in Seongbuk-gu Seoul, Seongbuk-gu to the front road of the K convenience store located in the same GuJ.

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