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(영문) 서울남부지방법원 2016.11.16 2016고단4482
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Western District Court on October 27, 2009; on April 15, 201, the Seoul Southern District Court sentenced six months of imprisonment with prison labor for night-time larceny; on July 30, 2012, the Seoul Southern District Court sentenced three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 30, 2012; on August 28, 2015, the Seoul Western District Court sentenced one year of imprisonment with prison labor for night intrusion larceny at the Seoul Western District Court on July 14, 201, and completed the execution of the sentence; and on July 14, 2016, the same criminal records are 13 times.

【Criminal Facts】

1. On September 15, 2016, around 01:30 on September 15, 2016, the Defendant, who committed a crime against a victim whose name is unknown, opened a first floor gate with no multi-household house in which the victim’s house is located and intrudes into the said multi-household house with no multi-household house in which the victim’s house is located and attempted to open the victim’s house knife, but the Defendant did not come to the wind with the victim’s house knife, but the knife’s knife, who did not open the victim’s house knife.

Accordingly, the defendant who has been sentenced not less than three times due to theft, etc. tried to steals property by intrusion upon the victim's residence at night, but attempted to commit it.

2. On September 15, 2016, the Defendant committed the crime against the victim D around 01:35, the Defendant was in front of the victim D’s house in Guro-gu Seoul, Guro-gu and the first floor, and was in possession of knives, etc. prepared in advance by stealing money and valuables from the victim’s house, and opened the first floor gate, where the victim’s house is located, and invaded into the said multi-household house, and attempted to open the victim’s house knife, and to open the victim’s house knife, but the knife did not go against the wind that does not open.

Therefore, the punishment of imprisonment has been imposed not less than 3 times due to larceny.

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