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(영문) 부산지방법원 서부지원 2019.10.18 2019고단1774
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On September 5, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for night intrusion and larceny at the Busan District Court. On March 11, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. on September 1, 2017; on September 1, 2017, the same court sentenced two years and two months of imprisonment with prison labor for special larceny, etc.; and on April 3, 2019, the execution of the said punishment was terminated.

1. On June 21, 2019, around 02:00, the Defendant opened a back door which was not corrected in front of the control point operated by the victim C, located in Busan Y-gu, and invaded into the door, and carried 50,000 won in cash owned by the victim.

Accordingly, the defendant abused another person's structure at night and stolen the victim's property.

2. At around 10:00 on July 2, 2019, the Defendant: (a) laid down a gallon No. 5 mobile phone from the market price owned by the victim E, which was set up at a multi-household house located in Busan Seo-gu, Busan Seo-gu, and laid down the gallon No. 5 mobile phone.

3. On July 6, 2019, around 03:20 on July 6, 2019, the Defendant opened a window in front of a window operated by the victim G located in Busan Y, and intruded into the window, thereby leaving KRW 200,000 in cash owned by the victim.

Accordingly, the defendant stolen the victim's property by intrusion upon another person's structure at night.

4. On July 11, 2019, at around 02:14, the Defendant: (a) opened a window that was not corrected in front of the task operated by the victim I located in the Busan Y and intrudeed into the gate, and (b) carried 80,000 won in cash owned by the victim at the gate.

Accordingly, the defendant abused another person's structure at night and stolen the victim's property.

5. On July 17, 2019, at around 01:20, the Defendant opened and intruded into a window that was not corrected in front of the satisfaction knife operated by the Victim K located in Busan Y, and carried 60,000 won in cash owned by the victim who was located in the knife.

Accordingly, the defendant is a person at night.

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