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(영문) 대전지방법원 논산지원 2019.05.29 2019고합15
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 21, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc., and 2 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on November 14, 2013. On June 29, 2016, the same court sentenced 2 years and 6 months of imprisonment with prison labor for habitual night intrusion larceny, and completed the execution of the sentence on October 26, 2018.

1. At around 10:00 on February 14, 2019, the Defendant habitually stolen: (a) entered the victim C in front of the residence of the victim in Ycheon-si B; (b) opened an unreshed window and intruded into the room, with a cash of KRW 50,000,000, which is the victim’s possession; and (c) committed theft; and (d) from February 4, 2019 to March 5, 2019, the Defendant invaded another’s residence by the same method over 14,853,00,00 won in total as shown in the list of crimes; (c) however, the amendment of the indictment was written in KRW 14,803,00 on May 14, 2019, but it is clear that the amendment of the indictment is a clerical error of KRW 14,803,00,00.

A considerable amount of property was stolen or attempted to steal property, but the intention was not achieved.

As a result, the defendant was sentenced to two or more penalties due to habitual larceny, and was habitually stolen or attempted to steals another's property within three years after the execution of the sentence was completed.

2. On February 11, 2019, when the victim E (the 64 years of age) was living in the territory of the Republic of Korea, around 11:30 on February 11, 2019, the Defendant injured by robbery. The victim intrudes the victim’s residence beyond the fenced by other gates, and intrudes the victim’s house. The victim’s 40,000 won in cash and 1.5 million won in market value (18 k) in the inside bank and 1.5 million won in cash and 1.5 million won in the market value of the victim’s bucks (5 k). The Defendant was aware of the victim’s bucks in front of the bucks, and the victim’s bucks down the part of the Defendant’s bucks, so far as the victim’s chests can be tightly covered by the victim’s hand.

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