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(영문) 인천지방법원 부천지원 2020.01.17 2019고합283
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On April 16, 2001, the Defendant was sentenced to one year and six months from imprisonment for habitual larceny at the Suwon District Court, five years from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), etc. at the Incheon District Court on October 30, 2003, and four months from imprisonment for a attempted larceny, etc. at the Suwon District Court on March 27, 2013. On March 29, 2018, the Defendant was sentenced to one year and eight months from imprisonment for a habitual larceny, etc. at the Seoul Western District Court on June 26, 2019 and completed the execution of the sentence.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and intrusion on residence;

A. On October 16, 2019, the Defendant: (a) around 16:00 on the first day of October 2019, the Defendant: (a) opened a small-scale window installed in the second floor of multi-household household C located in Geumcheon-gu Seoul Metropolitan Government; (b) invaded upon the victim’s residence; and (c) entered the said place to the inner bank; and (d) 18k female gold bars owned by the victim in the cremation; (b) 3; (c) 14 km-ro cirs; and (d) 1.1 billion won in total at the market price; and (d) 30,000 won in foreign currency and cash (12,5,00 won in KRW 2,222,120 won in KRW 1,00 in KRW 20 in KRW); and (e) 1010 in the old market price.

Accordingly, the defendant intrudes upon the victim's residence, was sentenced to imprisonment more than three times due to larceny, etc., and again committed larceny during the period of repeated crime.

B. On October 8, 2019, the Defendant: (a) around 14:00 on October 8, 2019, around 2019, opened a house of second-class multi-household E, the second-class multi-household household located in Sinung-si, Do; and (b) invaded the victim’s house through the window, thereby infringing on the victim’s house; and (c) in putting the victim’s release on bail before a cremation, the Defendant stolen two 1,5 flus of the five flus of the market price, which is the victim’s ownership.

Accordingly, the defendant intrudes on the victim's residence, and is more than three times due to theft.

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