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(영문) 부산지방법원 2016.12.09 2016고합746
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

[criminal power] On December 15, 2008, the Defendant was sentenced to one year of the suspension of the execution of punishment for larceny at the Busan District Court. On May 26, 2009, the same court issued a summary order of KRW 300,000 to a fine for larceny; on October 13, 2009, the same court sentenced ten years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on April 5, 2012, the same court sentenced ten months to imprisonment for a special larceny; on September 24, 2015, the same court sentenced one year and six months to imprisonment for a habitual larceny; and on May 14, 2015, the same court sentenced two years of imprisonment for a special larceny, etc. and completed the execution of the sentence on September 20, 2016.

【Criminal Facts】

1. From September 26, 2016, the Defendant was found to have a house that is well divingd, the Defendant was living at the victim’s house until October 9, 2016, on the ground that the Victim D’s house located in Seo-gu Busan Metropolitan City was confirmed, and the Victim’s house was removed by entering the victim’s house, and that from that time, the Defendant was living at the victim’s house until the Victim’s house is discovered on October 9, 2016.

Accordingly, the defendant invadedd the victim's residence.

2. Violation of the Aggravated Punishment Act;

A. At around 10:00 on September 27, 2016, the Defendant: (a) sold things in the house while living together with the victim D’s residence; and (b) sold them to raise living expenses, the victim’s market price, which was in the kitchen, has 20 studs.

B. At around 11:00 on September 28, 2016, the Defendant used the Victim F, located in Seo-gu, Busan, with an intention to steals the property, and used the lock that was locking with the victim’s possession, and owned by the Defendant with the land equivalent to KRW 50,000, the amount of KRW 510,000, the market price of which is equivalent to KRW 510,000, and KRW 960,000, total market price of KRW 400,000.

C. On October 4, 2016, the Defendant thought that at around 14:00, the Defendant again steals the property from the above victim F.

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