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(영문) 인천지방법원 부천지원 2018.08.16 2018고단1557
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal history] On December 7, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor due to intrusion upon residence at night, larceny, etc., in the support of Suwon Franchi, and on January 22, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court Branch of the Incheon District Court on January 22, 2014, and on June 9, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court and completed the execution of the final punishment in the Gansung vocational training prison on April 24,

[2018 Highest 1557]

1. Crimes against victims C;

A. On May 13, 2018, at around 03:47, the Defendant: (a) opened a studio door D and 1st floor victim C in his/her residence; (b) opened the studio door that was not corrected in his/her hand; and (c) intruded inside, and stolen the cash amount of KRW 393,000 owned by the victim, which was located within the victim’s household.

B. On June 7, 2018, around 03:01, the Defendant: (a) opened a studio that was not corrected for the purpose of theft of property in his/her hand; and (b) invaded inside the house; (c) was discovered to the victim, who was reported on television within the house, and did not commit an attempted crime by escape.

2. The Defendant, on June 7, 2018, committed the crime against the victim E, committed a theft of KRW 350,000 in cash owned by the victim and KRW 350,00,00, which was located inside the victim’s wall, by opening a gate that was not corrected and intrusion inside the victim’s residence E around 02:39,000.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and has committed larceny again during the period of repeated crime.

[2018 Highest 1605] On May 30, 2018, the Defendant: (a) intruded inside a string door through a string door, where the victim was under the influence of alcohol, and was in the cash of 250,000 won and wallet, which was located on the victim’s side; and (b) was in the victim’s h's residence; and (c) was in the victim’s cash of 250,000 won and wallet.

200,000 won was stolen.

Accordingly, the defendant is sentenced to imprisonment not less than three times due to larceny.

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