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The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. In a case where a person who committed a crime, such as habitual larceny, prescribed in Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes”), intrudes upon a house as a means of the crime, the act of intrusion upon a house constitutes a separate crime, not a crime such as habitual larceny, but a separate crime.
The Defendant’s act of intrusion upon the instant house does not constitute a separate crime of intrusion upon the instant house by absorbing the instant crime of habitual theft.
The judgment below is erroneous in the misapprehension of legal principles.
B. The sentence of the lower court (unfair sentencing) is too unreasonable.
2. The prosecutor of the judgment ex officio finds at the entrance of the South Korean church located on October 16, 2016, Q bargaining vehicles owned by the victim P, which were parked at the entrance of the South Korean church located in 19-7, Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul Special Metropolitan City on October 16, 2016, and open a 50,000 driver's seat knife inside and kept in a plastic reception book, and takes place 50,000 won knife knife knife knife knife knife knife knife knife knife knife knife knife knife.
In addition, an application for amendment to Bill of Indictment was filed by adding "a theftd", and the subject of the judgment was changed by this court.
However, the lower judgment’s assertion of misunderstanding the legal doctrine is still subject to the judgment of the lower court, despite the existence of the above reasons for reversal, and this is examined below.
3. Judgment on the Prosecutor’s misunderstanding of the legal principles
A. On September 30, 2016, the Defendant: (a) around 12:30 on September 30, 2016, entered the victim’s house located in Nasi-si C, and opened a gate and opened it through the open kitchen, thereby infringing on the victim’s residence.
B. The crime of habitual larceny, etc. prescribed in Article 5-4(6) of the Specific Crimes Aggravated Punishment Act is committed.