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(영문) 서울남부지방법원 2018.08.24 2018고합227
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

[criminal records] On February 10, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and on March 12, 2015, on March 12, 2015, the Seoul Western District Court sentenced the Defendant to three years of imprisonment with prison labor for habitual larceny, and completed the execution of the sentence in a vocational training institution for North Korea on January 11, 2018.

[Criminal facts]

1. On March 19, 2018, around 18:10, the Defendant destroyed the crime prevention window owned by the victim by breaking a small room room in front of the Sungnam-si apartment B apartment, and the house of the victim C who was the victim D, in his/her hand, in order to cover the repair cost of KRW 1.40,000,000.

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

A. While the Defendant habitually intrudes into a small room window at the time and place indicated in paragraph 1 and found a stolen object, the Defendant attempted to have the victim returned home.

B. On March 19, 2018, around 19:50 on March 19, 2018, the Defendant: (a) laid off and destroyed a small room’s crime prevention window in front of the Sungnam-si E apartment house; (b) and (c) destroyed the apartment house in front of the family of the victim G in Fho Lake; and (c) went into an attempted crime, but did not find a stolen object.

(c)

At around 20:00 on March 19, 2018, the Defendant: (a) laid off and destroyed a small room in front of the Sungnam-si E apartment house, and H Ho’s I’s house; and (b) intruded into the victim’s house, and then cut off 1,550,000,000 won of the market price on the part of the victim’s 1,550,000,000.

At around 20:30 on April 7, 2018, the Defendant habitually laid down a small range of crime prevention window before the house of the victim L in Gangseo-gu Seoul Metropolitan Government, J apartment and K Ho, and destroyed it by hand, and then intruded into it, and did not find stolen objects.

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