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(영문) 의정부지방법원 2013.12.05 2013고정1646
주거침입
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant: (a) around 10:00 on May 2, 2012, the instant facts charged: (b) opened a victim’s house gate with the intent to steal another’s property and did not correct it; and (c) entered the living room with the victim’s house, thereby infringing on the victim’s residence.

2. According to the reasoning of the judgment, the Defendant, at the Seoul Central District Court on March 28, 2001, was sentenced to imprisonment for 10 months with prison labor for attempted larceny, etc., at the Seoul Central District Court on April 20, 2002, sentenced to a fine of 2 million won for attempted larceny, etc. on April 20, 2002, at the Seocheon District Court Seocheon Branch Branch Branch on June 7, 2007, sentenced to imprisonment for 8 months, probation period of 2 years, 2 years on February 13, 2008, 4 months from imprisonment with prison labor for attempted larceny, etc. at the same court on February 26, 2009, and 2 years from imprisonment with prison labor for 10 years to 20 years on April 21, 201, and 200 to 30 years from the Seoul Central District Court on March 4, 2014.

However, in a case where a criminal who committed a crime such as habitual larceny under Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes has invaded upon his/her residence as a means of the crime, the act of intrusion upon his/her residence is absorptioned into the crime of habitual larceny, etc., and only one crime of habitual larceny, etc., as prescribed in the above Article, is established and separate from the crime of habitual larceny, and the crime of intrusion upon his/her residence is not established. Moreover, in a case where the criminal who committed the above habitual larceny, etc., was invaded upon his/her residence for the purpose of habitual

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