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(영문) 창원지방법원 통영지원 2010.01.28 2009고합103
특정범죄가중처벌등에관한법률위반(절도) 등
Text

A defendant shall be punished by imprisonment for four years.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On February 17, 2004, the Defendant was sentenced to one year and six months from imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on July 28, 2006 by this court, and completed the execution of the sentence on June 27, 2009.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) was committed by the Defendant who habitually intrudes on a victim’s residence, and attempted to steals money and valuables.

At around 03:50 on September 22, 2009, the Defendant: (a) opened a gate that was not corrected when the C Victim D was located in the house; and (b) attempted to steals money, goods, etc. by intrusion; (c) but (d) opened a gate and brought the proposal into the gate, the Defendant attempted to commit it with the wind, which is visible to the victim.

B. At around 00:30 on October 9, 2009, the Defendant: (a) invaded the house of the Victim G located behind the Fridge in Sinyoung-si, and attempted to steals money, goods, etc. owned by the victim; (b) opened an entrance without correction; and (c) opened an open door without correction; and (d) obstructed the stolen objects with the wind, the Defendant attempted to commit it with the wind that can be detected by the victim.

2. On October 1, 2009, the Defendant: (a) around 01:00, the facts in the J entertainment tavern operated by H victim I in Tong-si, and (b) as the Defendant did not have the intent or ability to pay the price even if he/she received an order for drinking alcohol, he/she was given an order for beer and beer; and (c) the Defendant was provided with 10,000 won at the market price from the victim; and (d) 2 was provided with beer and beer.

3. Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.).

A. On October 9, 2009, the Defendant damaged the damage of property by entering a F church hall managed by E on October 9, 2009, which was installed in front of the latter part of E, thereby damaging the said cold and hot water tank owned by the victim to be repaired by the market price in a way that the said cold and hot water tank, which was installed in front of the latter part of E, was sealed by hand.

B. The defendant violates the Punishment of Violences, etc. Act (collectively weapons, etc.) on October 0, 2009.

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