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(영문) 서울북부지방법원 2019.01.10 2018고단4634
특정범죄가중처벌등에관한법률위반(절도)등
Text

A person shall be punished by imprisonment with prison labor for not more than two months and by not more than one year and four months, respectively, for a crime No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On October 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and two months in prison due to night, intrusion upon residence, larceny, etc. at the Seoul Northern District Court on December 13, 2013, and the judgment became final and conclusive on December 13, 2013. On April 24, 2015, the judgment became final and conclusive on June 24, 2015 after being sentenced to imprisonment with prison labor for special larceny, etc. at the Suwon District Court on June 24, 2015. On December 9, 2016, the judgment became final and conclusive on December 12, 2016, and the execution of the sentence was completed on October 17, 2018 from Gyeongbuk Northern Northern Prison C prison.

【Criminal Facts】

1. On April 22, 2013, around 03:00 on April 22, 2013, the Defendant: (a) intruded into a small room via the window of a multi-use room; and (b) committed theft by having one FF smartphone, G bank, and H branch wall, one cash 10,000 won, and one swine fat with a total market value of KRW 1,430,000,000.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and intrusion on residence;

A. On October 28, 2018, at around 06:00 on October 28, 2018, the Defendant attempted to commit special larceny came to the residence of Seongbuk-gu Seoul Metropolitan Government I Apartment and the victim K, which was damaged by destroying the crime prevention window, and then intruded into a small room through the window, and discovered stolen objects, and then escaped from the door to the victim, and thereby escape without thefting money and valuables.

B. On October 29, 2018, the Defendant: (a) around 03:00 on October 29, 2018, went into the residence of the victim N; (b) and (c) by intrusion into the house through multi-use window, and then thefted the house with a total of KRW 1,00,000,000 in cash and KRW 55,000,000 in the market value of the victim’s ownership in the house.

C. A thief and the Defendant who invadedd his residence on November 1, 2018 is located in the residence of the victim Qua in Mapo-gu Seoul Metropolitan Government O apartment and P around November 17, 2018.

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