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(영문) 수원지방법원 2020.11.25 2020고단6175
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence Nos. 1 through 8 shall be returned to the victim B.

Reasons

Punishment of the crime

On October 12, 2007, the Defendant was sentenced to two years of imprisonment with prison labor by the Seoul Southern District Court for larceny, etc. on April 8, 2010, the Seoul Southern District Court sentenced four years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at Seoul High Court on April 8, 201, and was sentenced to four years of imprisonment with prison labor by the Seoul High Court on December 13, 2017.

In addition, on December 5, 2018, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Suwon District Court, and on August 11, 2020, the Defendant completed the execution of the said sentence at the third prison of the Gyeongbuk Branch.

On August 31, 2020, at around 02:55, the Defendant: (a) sought to intrude into Ddong through Vietnama window in Suwon-si, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and sought to break off Ddong; (b) but its windows are closed; (c) again, the Defendant went back to B-dong E-dong, where the Victim B resides.

Then, the defendant, after opening a non-recovered beer window and intrusion into Edong, had 90,000 won, which is the victim's possession on the floor of the living room, with one gallusium of 50,000 won, one gallusium of 50,000 won, three credit cards and one driver's license.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, he intruded upon his residence at night during the repeated crime period, and stolen another's property.

On August 11, 2020, the Defendant: (a) around 23:21, 2020, the Defendant opened the window on the side of an unlocked corridor and attempted to open the office door and the window in order to enter the office and the window on the side of the said main room, and attempted to open the door and the window on the part of the said main room; (b) on August 11, 2020, the Defendant was managed by the Victim G in Suwon-gu F, Suwon-si; and (c) the Defendant was not found to have opened the window and the window on the side of the said main room.

Accordingly, the defendant is sentenced to imprisonment not less than three times due to theft, etc. at night during the period of repeated crime.

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