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(영문) 서울중앙지방법원 2016.12.21 2016고단6786
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 14, 2004, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Eastern District Court (Seoul Eastern District Court) and six months of imprisonment for larceny at the Seoul Eastern District Court on June 19, 2008; on March 19, 2009, the Seoul Eastern District Court sentenced six months of imprisonment for larceny; on April 13, 2012, the Defendant was sentenced to two years of imprisonment for robbery at the Seoul East Eastern District Court and completed the execution of the final sentence at the Ansan Prison on February 23, 2014.

【Criminal Facts】

The Defendant received hospitalized treatment from around September 6, 2016 to April 14 of the same month at the D Hospital 709 Hospital C located in Dongjak-gu Seoul Metropolitan Government.

At around 05:40 on September 13, 2016, the Defendant: (a) intruded into the above sick room through the entrance of the sick room No. 507 of the above hospital; and (b) stolen the victim E, the market value of which was hospitalized in the above 507 room, with one cellular phone base of the unsalgal lusium S5 mobile phone.

In addition, the Defendant, from around 05:40 on September 13, 2016 to around 00:50 on September 14, 2016, invaded into the above hospital room on a total of four occasions, and stolen, or attempted, stolen, or stolen, property to be stolen, but did not constitute an attempted crime.

On November 19, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint intimidation) at the Dongdaemun District Court on April 30, 2016, and completed the execution of the sentence at Seongdong-gu District Court on April 30, 2016.

【Criminal Facts】

1. On August 6, 2016, around 15:46, the Defendant: (a) entered a middle restaurant of “H” operated by the Victim F in Gwangjin-gu Seoul Special Metropolitan City, as a customer; (b) as if he/she had intent and ability to pay the amount, the Defendant issued an order for meals equivalent to 22,500 won at the market price and one disease of a week to the victim.

However, the defendant does not hold at all cash or other means of settlement at the time and does not hold it from the victim.

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