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(영문) 서울서부지방법원 2017.10.11 2017고단2187
상습야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2] On June 18, 1992, the Defendant was sentenced to imprisonment with prison labor for a special larceny for 8 months at the Ulsan District Court, 2 years from the suspension of the execution of imprisonment with prison labor for 1 year at the Seoul Western District Court on December 12, 1997; 2 years from the suspension of the execution of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on July 27, 2001; 3 years from the suspension of the execution of imprisonment with prison labor for 1 year from the Seoul Western District Court on March 11, 2010; 2 years from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on September 25, 2015; and 2 years and six months from the imprisonment with prison labor for habitual night larceny at the Seoul Western District Court on March 24, 2017.

[Criminal facts] 2017 Highest 2187

1. Habitual theft of a structure at night, and habitual theft;

A. On April 28, 2017, the Defendant intruded into “F cafeteria” operated by the victim E in Mapo-gu Seoul, Mapo-gu, Seoul on April 28, 2017, and stolen the victim’s cash, which is the victim’s possession, located in the said restaurant cooling box, 50,000 won, the victim was placed in the said restaurant cooling box, one national bank card, three national bank passbooks, three bank passbooks, and three wallets.

B. On May 13, 2017, around 21:00 on May 13, 2017, the Defendant intruded into “I restaurant” operated by the victim H located in Eunpyeong-gu Seoul Metropolitan Government, and stolen cash 2,00,000 won, card 2,000 won, card 2,000,000,000,000 won, which is the victim’s possession located inside the said restaurant calculation unit, and 2,000,000,000,000 won, which is the victim’s possession, located inside the said restaurant calculation unit.

2) On May 13, 2017, the Defendant: (a) from around 22:21 to around 22:48, at the cash withdrawal machine, the Defendant’s cash withdrawal machine managed by the victim’s name in a convenience store located in the Eunpyeong-gu Seoul J of Eunpyeong-gu, Seoul.

B. (1) As set forth in paragraph (1), a theft took place with a total of KRW 2 million in 10,000,000, by inserting a stolen bank card in a cash withdrawal machine and inputting a password.

3) The Defendant from May 13, 2017 to around 22:32 to around 22:35, is the M convenience store located in Eunpyeong-gu Seoul Metropolitan Government L.

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