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(영문) 서울남부지방법원 2020.10.21 2020고단2971
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court (Seoul Southern District Court) on November 8, 2012; on July 14, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court; on March 16, 2018, the Defendant completed the execution of the sentence in the Gyeongbukbuk Branch 3 Prison; on June 8, 2018, the said court sentenced the two years of imprisonment with prison labor for the same crime; and on April 19, 2020, the Defendant completed the execution of the sentence in the port prison.

1. At around 06:00 on May 14, 2020, the Defendant: (a) opened and intruded into the victim’s gate, which was discovered as a imprisonible method, through a gate, which was not corrected for the first time in the Seoul Guro-gu Seoul building B, C, the victim D, and E’s residence; (b) discovered the victim E; (c) went away from the victim’s dwelling site by the aforementioned method; and (d) discovered the victim E in the house, and immediately escaped from the house, even if the victims were to have opened and intruded into the house by the said method, at around 07:00.

Accordingly, the defendant violated the victim's residence more than twice.

2. Notwithstanding the aforementioned criminal records, the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on June 2, 2020, on around 02:15, the Defendant: (a) opened a gate, which was not corrected for the purpose of theft of money and valuables, and destroyed and damaged the shock network installed on the window of the dwelling space of the principal debt; and (b) did not go through an attempted attempt by the wind, which was discovered to the victim D, while the window was installed.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he/she committed a special larceny during the period of the repeated crime.

around 03:03 on May 27, 2020, the Defendant, “2020 Highest 3963,” committed an act of cutting off goods in front of the residence of the F victim G of Guro-gu Seoul Metropolitan Government, and infringed upon the said summary through the open joint signature, and then invaded into the said summary.

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