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(영문) 서울북부지방법원 2019.08.21 2019고단2383
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On September 8, 2016, the Defendant was sentenced to six months of imprisonment for night building intrusion larceny at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on February 26, 2017. On July 19, 2017, the Defendant was sentenced to one year of imprisonment for night building intrusion larceny at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Seoul Northern District Court on May 12, 2018. On July 11, 2018, the Defendant was sentenced to six months of imprisonment for night building intrusion larceny at the Seoul Northern District Court and completed the execution of the sentence at the Dong Northern District Court on November 26, 2018.

【Criminal Facts】

1. On January 23, 2019, the Defendant committed the crime against the victim B around 22:30, the victim B, operated by Dongdaemun-gu Seoul Dongdaemun-gu Seoul, opened an entrance without correction of his/her idea of theft, and intrudes into the inner body to find stolen objects, and thus, did not commit an attempted crime.

2. On January 23, 2019, the Defendant committed the crime against the victim E, which was operated by the victim E in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, opened a door where the second floor was not corrected through stairs, and intrudes into the office, and then cut off one of the cash 600,000 won owned by the victim, and 110,000 won at the market price of the cashier’s checks, which is 400,000 won.

3. On April 25, 2019, at around 22:00, the Defendant committed the crime against the victim H, the victim H operated by the victim H in Dongdaemun-gu Seoul, Dongdaemun-gu, in order to open a door that was not corrected in his/her idea of theft and to find a stolen object by intrusion into the door, the Defendant did not commit the crime but did not commit an attempted crime.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stealss the victims' property within the repeated crime period.

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