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(영문) 서울북부지방법원 2017.09.22 2017고합358
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On October 5, 2004, the Defendant was sentenced to imprisonment with prison labor for the attempted larceny of intrusion at night at the Seoul Northern District Court, and on November 1, 2005, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on November 1, 2005, and for the attempted larceny of intrusion at night at the Seoul Northern District Court on July 2, 2009, ten months; on September 16, 2010, the Defendant was sentenced to imprisonment with prison labor for each of two years for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on January 24, 2014, and completed the execution of the sentence at the Chuncheon Prison on September 28, 2016.

[Criminal facts]

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

A. On August 4, 2017, around 21:59 around August 21, 2017, the Defendant attempted to larceny at night against the victim C by intrusioning the victim’s property into maila through an open gate with the mind that he would steal the victim’s property, but was found to have been an attempted crime by checking the inside person and escape.

B. At night on August 4, 2017, the Defendant: (a) around 22:10 on August 4, 2017; (b) around 22:30,00 won in cash, the victim’s possession, who opened an unlocked gate and door door and intrudes into the room, and is located on the room; and (c) intrudes into the room; and (d) intrudes into a smartphone case.

L. A. L. theft was committed.

Accordingly, the defendant habitually invadedd the house of the victims and attempted to steals or steals property.

2. Intrusion upon residence;

A. On July 2017, the Defendant: (a) around 20:00, the Victim H’s house located in Jungdong-gu Seoul Metropolitan Government, and the Defendant opened an unlocked gate to see the appearance of the Victim and other women living in the said residence, such as the victim, etc. and stolen the inside of the house through the window.

B. On August 11, 2017, the Defendant is the victim above around 00:29.

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