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(영문) 대전지방법원 2020.03.13 2019고합297
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On July 9, 2010, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a short term, one year for a short term, two years for the same crime in the same court on December 28, 201, and on April 8, 2016 at the same court on the same date, it is obvious that this part of the indictment for habitual larceny is a clerical error due to mistake. Thus, the Defendant’s correction ex officio is made ex officio.

On December 15, 2016, the same court sentenced 3 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the previous prison on August 19, 2019.

【Criminal Facts】

On August 21, 2019, between 07:00 and 09:00 on August 21, 2019, the Defendant took advantage of the gaps in the residence of the victim of the apartment building C in Gunsan-si, the Defendant stolen one mother and child equivalent to 300,000 won of the market price owned by the victim.

From this point to August 23, 2019, the Defendant infringed upon the victim’s residence for the purpose of theft or theft of property equivalent to KRW 5,285,000, total market price owned by the victims on eight occasions, as shown in the attached list of crimes.

The written application for amendments to Bill of Indictment dated February 3, 2020 stated that "the defendant stolens money and valuables owned by the victims on eight occasions," but this is obvious that it is a clerical error due to mistake, and thus, it is correct ex officio.

Attached Form

The corresponding part of the crime sight list shall also be corrected equally.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and again intruded on the victim’s residence with the intention to steal or steal the victims’ property at least eight times within three years after the execution of the sentence is terminated or exempted.

A written application for changes in indictment on February 3, 2020 stated that "the victims' property was stolen or intruded on their dwellings over seven occasions", but it is a clerical error due to mistake.

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