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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.
[Criminal Power] On October 19, 2004, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspension of execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Suwon District Court on January 21, 2005, to imprisonment with prison labor for the same crime at the Daegu District Court on January 21, 2005, three years of short term, two years of short term, one year and six months of imprisonment with prison labor for the same crime at the Suwon District Court on July 9, 2008, and three years of imprisonment with prison labor for the same crime at the Jeju District Court on April 26, 2010, and completed the execution of the last sentence on October 20, 2018.
【Criminal Facts】
1. Violation of the Aggravated Punishment Act;
A. On April 3, 2019, the Defendant: (a) around 11:40 on April 3, 2019, the Defendant: (b) opened a gate and a gate that was not corrected by the victim’s cresh in front of his residence; (c) opened the cresh and a gate; and (d) removed the gate and a gate, which contains a cash amounting to 54,000 won, owned by the victim; and (d) stolen the biter in the city.
B. In the event that a criminal who committed a crime against a victim with no name intrudes upon his/her residence as a means of committing the crime, such as habitual larceny under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the act of intrusion upon his/her residence is absorbed into the crime of habitual larceny, etc., and only one crime of habitual larceny, etc. as prescribed in the said Article is established,
In addition, as long as the criminal who committed the crime such as habitual larceny was invaded upon residence for the purpose of habitual larceny in addition to the crime, but it seems that it was the realization of habitual larceny even if it did not come to the theft, the act of intrusion upon residence constitutes only one crime such as habitual larceny as prescribed in the above provisions, and constitutes habitual larceny.