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(영문) 인천지방법원 2019.10.02 2019고단5237
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

[Criminal Power] On December 2, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court on December 2, 2015; on October 7, 2016, the Suwon District Court sentenced 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on April 4, 2018, the Seoul Southern District Court sentenced the Defendant to 1 year and 4 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. From around 00:17 on June 30, 2019, the Defendant: (a) obstructed at night buildings; (b) stolen at night buildings; and (c) attempted larceny at night buildings; (d) invaded by the victim C in the Southern-gu Incheon Metropolitan City, a restaurant “D” operated by the victim C; and (d) intruded the tent covered on the restaurant by hand to the restaurant; and (e) stolen it with approximately KRW 50,000,000 owned by the victim.

(2) On July 2, 2019, the Defendant: (a) around 01:50 on July 2, 2019, entered a tent covered on a restaurant in his/her hand and intruded into the restaurant, but the Defendant did not commit an attempted crime because it did not have any stolen object.

(3) On July 11, 2019, at around 00:05, the Defendant: (a) went into a cafeteria operated by the Victim F in Michuhol-gu Incheon E-gu, Incheon; (b) opened a window and intruded into the restaurant; and (c) cut off the window with approximately KRW 40,000,000, which is owned by the victim.

(4) On July 12, 2019, at around 00:04, the Defendant: (a) opened a window and intruded into a restaurant operated by the victim F of the victim F located in Michuhol-gu Incheon, Michuhol-gu, Incheon; and (b) stolen three drinking water owned by the victim.

(5) At around 00:00 on July 2019, the Defendant: (a) committed theft with a cash equivalent to KRW 40,000 in cash and a mobile phone case owned by the victim, which was located in a half line, after opening a window and intrusion into a restaurant by the victim K located in Michuhol-gu Incheon, Michuhol-gu, Incheon.

(6) The Defendant around 00:00 on July 201, Incheon.

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