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(영문) 서울남부지방법원 2018.10.12 2018고합208
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment with labor for three years and six months; Defendant B’s 2018 High 277 Case, which was decided 1-A, and 278 High 2018 Case.

Reasons

Punishment of the crime

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

[criminal history] Defendant A was sentenced to imprisonment for a maximum of one year and eight months and one year and four months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on December 19, 2003. On July 14, 2005, the Incheon District Court was sentenced to two years for the same crime. On November 1, 2007, Defendant A was sentenced to three years for the same crime from the branch court of the Jeonju District Court on the Southern District Court on November 1, 2007. On May 9, 2013, Defendant A was sentenced to four years for imprisonment for the same crime at the Seoul East District Court on May 3, 2017, and completed the execution of the sentence at the Heungung prison on May 3, 2017.

Defendant

B was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court on October 28, 2015, and the judgment became final and conclusive on November 6, 2015, and the execution of the sentence was completed on February 24, 2016.

[Criminal facts] 2018 Gohap 208 ( Defendants)

1. Defendant A is habitually sentenced to the punishment of larceny, etc. at least twice, and the execution of the punishment is completed, and the Defendant has habitually committed larceny, etc. within three years thereafter.

A. On March 29, 2018, around 16:38, the Defendant opened a small-scale window with which gas pipes are not fastened and opened at the victim E’s residence, which came into the residence of the victim E, and brought about a theft of KRW 120,000,000 in cash owned by the victim on the safe of the living room after entering the living room, and KRW 10,000,000 in cash owned by the victim on the safe of the living room, KRW 14K, KRW 2,14K, one half, half, 14K, and one half of the cash in the inner envelope, KRW 120,00,000 in cash in the inner envelope, KRW 30,000 in cash in the inner envelope, KRW 30,00 in the city, and volume 4 million in the city.

B. On April 5, 2018, the Defendant: (a) opened a bend window with no gas pipe breaking up and keeping it in the space of the victim G located in the Seo-gu F and the third floor, U.S., U.S., Seoyang-gu, U.S., and U.S., U.S., and U.S., U.S., U.S., the Defendant.

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