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(영문) 서울북부지방법원 2020.10.15 2020고단3092
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2001, the Defendant sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court on December 24, 2002; two years of imprisonment for the same crime at the Seoul Northern District Court on December 29, 2005; seven years of imprisonment for the same crime at the Seoul Southern District Court on December 29, 2005; four years and six months of imprisonment for the same crime at the Seoul Southern District Court on November 29, 2012; three years of imprisonment for the same crime at the Seoul East District Court on January 19, 201; and the execution of the sentence at the female Prison on November 26, 2019.

【Criminal Facts】

1. Around July 13, 2020:10 on July 9, 2020, the Defendant: (a) the victim’s residence B, was living together, and the victim opened a residential gate and intrudes into the erode, which is a dangerous object in the new erosion, and then broken down the victim’s front door glass by taking off the cell door, which is a dangerous object in the new erosion, by hand.

As a result, the defendant invadeds on the residence of the victim, and destroyed the property owned by the victim by carrying dangerous things to cover approximately KRW 50,000.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) carried a pipe knife glass of the victim’s residence at the time and place specified in paragraph (1), and carried a pipe knife in a way to remove a lock, and carried a pipe knife into the door in order to release the lock and knife, one cash 10,000 won, one cash 10,000 won, one gift certificate 10,000 won, one cash 1,22,000 won, and three foreign currency 1,000,000 won, in total, and one 1,00,000,000 won in the market value.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he stolen another's property during the period of repeated crime.

Summary of Evidence

1. The defendant's protocol of interrogation of the suspect B to the prosecutor's office as to the defendant's protocol of interrogation.

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