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(영문) 대전지방법원 2017.08.30 2017노793
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Nos. 1, 2, 6, 10 through 12, of seized evidence.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, the Prosecutor applied the name of the crime to “Habitual Larceny” from “Habitual Larceny” to “Habitual Larceny,” and the applicable legal provision to “Articles 332, 342, 330, and 48(1) of the Criminal Act” to “Articles 332, 342, 331(2) and (1), 330, and 48(1) of the Criminal Act” to “Article 332, 331(2), and (1), 330, and 48(1) of the Criminal Act” to “Article 332, 332, 331(2), and (2), 330, and 48(1) of the Criminal Act as stated in the facts charged below [the grounds for re-use], and the judgment of the court below was modified by this Court to this effect, and thus, it cannot be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

【Grounds for the judgment to be used again] Criminal facts are those who were sentenced to a suspended sentence of ten-year imprisonment with prison labor for larceny, etc. at the Daejeon District Court on November 5, 2002; two years after the suspended sentence of one-year imprisonment with prison labor for night intrusion larceny at the Seoul District Court on March 25, 2008; and on June 23, 2011, with prison labor for night intrusion larceny at the Daejeon District Court on June 23, 201, and three years after the suspended sentence of ten-year imprisonment with prison labor.

On April 10, 2015, the Defendant: (a) after sunset around the night on April 10, 2015, when he intruded into the house of the victim D with 212 Dong Dong 106, Gangdong-gu Seoul apartment house 212 Dong 106; and (b) when he intruded into the house through the unreshed Garo window, 3 gold booms, gold brus, gold brus, gold brus, and gold brus, and 10 million won in total, as shown in the attached list of crimes, from around that time to January 5, 2017.

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