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(영문) 서울동부지방법원 2019.07.15 2019고단1766
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 23, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., at the Seoul Eastern District Court, for one year and six months; on February 18, 2014, the same court was sentenced to imprisonment with prison labor for night-time building intrusion larceny; on January 21, 2016, the Defendant was sentenced to imprisonment with prison labor for four months in the same court on January 29, 2016; on November 29, 2017, the Defendant was sentenced to imprisonment with prison labor for night residence intrusion larceny and larceny on April 12, 2019.

1. On May 21, 2019, around 07:47, the Defendant opened a gate in Gangdong-gu Seoul Metropolitan Government Group C, which was not corrected for a long time, and intruded into that gate, and then stolen the part of the Defendant’s property worth a total of 50,000 won of the market price, such as one half-sale straws and one pointer, which were suffering from a long time line.

2. Around 10:00 on May 23, 2019, the Defendant opened a gate that was not corrected for the victim E house located in Gangdong-gu Seoul Metropolitan Government, and intruded into the mace, and thereafter, the Defendant owned the 12,000 won in total, including the clothes 4, etc., for female women owned by the victim, which were suffering from the maces, and stolen it.

3. On May 26, 2019, at around 09:00, the Defendant opened a gate that was not corrected in the Victim G house located in Gangdong-gu Seoul Metropolitan Government F, and intruded into the mace, the Defendant, at least 100,000 won of the market price, including 11 clothes and 14 horses, owned by the victim and 14 horses.

Accordingly, the defendant was sentenced to imprisonment more than three times due to night residence intrusion theft, etc., and was punished by larceny during the repeated crime period, and invaded upon each victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, E, and G;

1. Police seizure records;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. against the accused) and statutes;

1. Relevant provisions concerning facts constituting an offense;

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