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(영문) 서울남부지방법원 2019.10.24 2019고단3365
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On October 8, 2015, the Defendant was sentenced to imprisonment for six months in the Incheon District Court due to night intrusion and theft, etc., and on February 15, 2016, the Defendant was sentenced to imprisonment for six months in the Busan District Court for the crime of larceny at night, etc., and on January 6, 2017, for one year, and one year and six months from imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc., of Specific Crimes (Larceny) at the Seog branch of the Daegu District Court, which was sentenced to imprisonment for one year and six months from July 20, 2017. On May 22, 2019, the Defendant completed the execution of the sentence in the Jin prison.

【Criminal Facts】

around 10:00 on June 17, 2019, the Defendant: (a) was a D restaurant operated by the Victim C located in Guro-gu Seoul Metropolitan Government, and the victim was stolen with cash of KRW 200,000,000,000, which was located in the credit cooperative in the Accounting Unit, by using the gap in the location of the victim C located in Guro-gu Seoul Metropolitan Government.

Accordingly, even though the Defendant was sentenced to imprisonment not less than three times for the crime of Articles 329 through 331, 333 through 336, 340 and 362 of the Criminal Act, or the attempted crime, the Defendant stolen the property of the victim within the repeated crime period.

"2019 Highest 434"

1. On May 23, 2019, the Defendant: around 15:49, at the “cafeteria” operated by the Victim F (30 years of age) in Jinju-si, the Defendant stolen the Defendant, with cash worth of KRW 67,000, which was located in the Defendant’s Treasury, by making use of the gap in which the Victim F (30 years of age) was locked.

2. On May 24, 2019, around 05:54, at the I restaurant operated by the victim H (the age of 51) located in J in J in J in Jinju, the Defendant stolen the Defendant, with 150,000 won in cash located in his/her saving depository in his/her locking place, using the gap in the victim’s locking place.

Accordingly, even though the Defendant was sentenced to imprisonment not less than three times for the crime of Articles 329 through 331, 333 through 336, and 340 and 362 of the Criminal Act or the attempted crime, the Defendant stolen the property of the victim within the repeated crime period, and intruded on the structure managed by the victims.

"2019 Highest 4806".

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