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(영문) 인천지방법원 2018.09.13 2018고단5453
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On February 9, 2007, the Defendant was sentenced to imprisonment for one year with prison labor for special larceny, etc. at the Incheon District Court on April 16, 2009; three years from the suspension of execution of one year; on June 17, 2009, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny at the Incheon District Court; on January 27, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months from the Incheon District Court on May 30, 2013; on May 24, 2016, for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court for the Aggravated Punishment, etc. of Specific Crimes; on December 24, 2016, the Defendant was sentenced to imprisonment with prison labor for eight months from the Incheon District Court for habitual larceny, etc. at the Incheon District Court on December 2, 2016; and on January 16, 2016.

[Criminal facts]

1. Crimes on July 9, 2018

가. 피고인은 2018. 7. 9. 01:20 경 인천 미추홀구 C에 있는 피해자 D이 거주하는 다세대주택에 이르러, 열린 대문을 통해 2 층으로 올라간 후 시정되지 않은 현관문을 열고 거실 안까지 들어가 피해자가 잠을 자고 있던 안방에 있던 시가 30만원 상당의 프라다 클러치 백 1개, 시가 10만원 상당의 샤넬 지갑 1개, 현금 8만원, 신세계 백화점 10만 원 권 상품권 1 장 등을 가지고 나왔다.

As a result, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again intruded upon the victim's residence at night within three years after the execution of the sentence was completed, and stolen the property amounting to 580,000 won at the market price.

B. In light of the above date 01:54, when the victim F residing in Nam-gu Incheon Metropolitan City, the Defendant intended to open the 2nd floor through open gate for the purpose of theft of property and enter the living room within the living room. However, the present door was not in the form of an electronic locking device, and the purport was not achieved.

Accordingly, the defendant is more than three times due to larceny.

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