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(영문) 광주지방법원 순천지원 2017.07.13 2017고합30
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

A Imprisonment with prison labor for three years and six months, for three years of imprisonment for Defendant B, and for ten months of imprisonment for Defendant C.

(b).

Reasons

Punishment of the crime

[2] On October 21, 2005, Defendant A sentenced 10 months to imprisonment with prison labor for special larceny, etc. at the Gwangju District Court’s Gwangju District Court’s 10 months, and on November 16, 2007, Defendant A sentenced 1 year from imprisonment with prison labor for special larceny, etc., and 3 years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on September 11, 2009 and on March 29, 2013, Defendant A completed the execution of the final sentence on January 14, 2016, and Defendant B was sentenced to imprisonment with prison labor for a violation of the Road Act (non-licensed driving) at the Busan District Court’s Circuit Branch on September 24, 2013 and completed the execution of the sentence on January 21, 2014.

[Criminal facts]

1. Joint crimes committed by Defendant A and B;

A. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), Defendant B’s special larceny, attempted special larceny, and violation of the Punishment of Violences, etc. Act (joint residence intrusion 1) on December 22, 2016, the Defendants came to a house managed by the victim F of the victim F of E apartment B at 09:30 on lightyangyang-si, E apartment B at 09:30 on December 22, 2016, and Defendant B reported the network. Defendant A was unable to look at a crime prevention window by using the cutting machine, and even though Defendant A was found to have opened and stolen a window after opening a crime prevention window, it did not constitute an abandoned house.

As a result, Defendant A was sentenced two or more times to commit the same crime, and the execution of the sentence is completed or exempted, again, the Defendants attempted to steal the victim’s property jointly, and Defendant B attempted to intrude the victim’s residence jointly with Defendant A.

2) On December 22, 2016, at around 09:30, the Defendants came to the house of the victim G group of the above E apartment B, and around 09:30, the Defendant A opened a crime prevention window using a cutting machine after opening the door through the window after opening the door, Defendant B entered the door through the entrance door, and the Defendants were 60,000,000,000,000,000,000 won, which were in the territory of the head of the Ansan cremation.

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