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(영문) 부산지방법원 2018.03.08 2017고단5543
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 3, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on May 3, 2011; two years of probation; protection observation; and community service order; imprisonment with prison labor for night intrusion larceny at the Busan District Court on September 20, 2012; ten months of May 30, 2014; imprisonment with prison labor for larceny, etc. at the Busan District Court on May 30, 201; and on April 28, 2016, the Defendant completed the execution of the sentence at the Port on October 28, 2016.

[Criminal facts]

1. From around 12:00 on September 29, 2017 to around 13:20 on the same day, the Defendant: (a) removed the crime prevention windows using dracker, which was a dangerous object prepared in advance before the small room windows in Busan Dong-gu 2 Dong-dong 101, Busan, a residence of the said victim; (b) opened the crime prevention windows; and (c) laid down the drack, which was located in a small room, and 489,300 won in the market price of the victim’s main type Madra L/A, which was owned by the victim.

Accordingly, the Defendant destroyed part of the door and intruded upon the residence, thereby cutting down the property owned by the victim.

2. On October 12, 2017, the Defendant: (a) opened a entrance that was not set up in the first floor of “G” restaurant located in Busan Dong-gu, Busan; (b) stolen 1 bottle, the market price of which is equivalent to 2,000 won in the air conditioners, and subsequently opened a door that was not set up on the second floor through stairs to the rooftop; and (c) opened a door that was not set up on the second floor in the rooftop; and (d) opened a door that is equivalent to 10,000 won in the market price at that location; and (e) opened a door that was set up on the top; and (e) opened a door that is equivalent to 20,000 won in the market price.

As a result, the defendant invadedd a structure managed by the victim at night, and stolen the property owned by the victim of the total amount of KRW 32,000.

3. On October 12, 2017, the Defendant: (a) removed the iron door connected to the restaurant from the rooftop of the “J” restaurant located in Busan Dong-gu, Busan around October 02:15, 2017; and (b) entered a small credit cooperative located in the first floor and located in the restaurant, with the amount of KRW 4,00.

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