Whether the crime of habitual robbery is recognized in case of larceny or robbery committed before, after, or after, special robbery (affirmative)

If a person who habitually commits several robbery commits the larceny or robbery before, after, after or after the habitual crime, he/she commits the larceny or robbery, it is reasonable to discuss it as a habitual robbery which is included in the habitual robbery.

Article 341 of the Criminal Act, Article 5-4 of the Aggravated Punishment Act

Defendant 1 and three others

Defendant 1 and 2 shall be punished by imprisonment for 12 years, by imprisonment for 10 years, and by imprisonment for 4 years, respectively.

The ninety-five days of detention prior to the rendering of a judgment shall be included in the above punishment.

As seized, one light knife (No. 1), one light knife (No. 2), one white knife (Evidence No. 3), one white knife (Evidence No. 4), one knife (Evidence No. 5), one knife (Evidence No. 6), one knife (Evidence No. 7) from Defendant 3, one knife of the white knife (Evidence No. 7), from Defendant 4, one knife knife (Evidence No. 9), one knife knife knife (Evidence No. 10), one knife knife knife (Evidence No. 11), one knife knife (Evidence No. 118), one knife knife (Evidence No. 19), and one knife 20) shall be confiscated.

One knife for male who has been seized (No. 15) shall be returned to the person who has lost the name of the victim.

Defendant 2 was sentenced to ten months of imprisonment for larceny at the Daegu District Court on November 11, 1986 by a person who completed the execution of the sentence on July 18, 1987.

1. Defendant 1 cut the door door of the entrance which was previously possessed by the victim Non-Indicted 1, the victim Non-Indicted 1, who was located in the middle-gu (number omitted) middle-gu, Daegu at around 01:00 on the last day of August 1987, and cut the door door, which was corrected at the victim Non-Indicted 1’s dry field located in the middle-gu (number omitted), and then cut it with the middle-term and the middle-term market value of Samsung 1,000 won which was owned by the victim and was in the room

2. Defendants 1 and 3 are joint:

(a)be habitually;

(1) At around 01:00 on August 11, 19 of the same year, the victim Nonindicted Party 2, located in Suwon-dong 40-5 of the same year, intruded by the same method as the preceding one of paragraph 1, and was on the display stand, with a total of KRW 1,260,000 at the Cheongdong Rig-dong 10, the victim’s Cheongdong Rig-dong 100, which was on the display stand, and stolen it, and at least KRW 2,274,00 on four occasions, as indicated in the list of crimes in attached Form 1;

(2) On April 23, 200 of the same year, finding out and approaching that a male 30 years old and older person spawns on the street of the Dong Seomun market instead of the same Gu, Defendant 3 spawnizes his spath, Defendant 1 spathn, Defendant 1 spathn, spacing his spathn, leaving his spathn and spathn his spathn, leaving his spathn and 70,000 won per market price among his spathn spathn and spathn.

(b) on the 17th day of the same month, at around the 21:00, 2 Man-ro 2 of the same Gu Man-ro in order to be used for robbery in the street, and to purchase two Man-si kn-si kn-si kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-k

3. Defendants 1 and 2 are consolidated and habitually:

A. At around 00:35 on August 26, 26, 8.26, Defendant 1, who intruded into the gate located in the victim Non-Indicted 3 (Woo, 31 years old) house located in the same Gu, with the view of Defendant 1 and Defendant 2, who, in turn, had the victim 2 die from the math to the math, and had the victim 2 be forced to have the victim do not have to resist, because he had the victim s/he was s/he was s/he was s/he was s/he was s/he was s/ s/he was s/he was s/he

B. At around 15:00 on September 15, 19.9 of the same year, Defendant 1 intrudes into the gate of Non-Indicted 4 (Woo, 33 years old), the victim Non-Indicted 4 (Woo), who is located in the same hydro-gu (number omitted) house. Defendant 2 uses a string in the kitchen, and she takes the string in the kitchen, and she takes the string in the kitchen, and she takes the part of the above victim's hand into the kitchen, and she takes the string of the tape, she is unable to resist by threateninging that the victim's hand is dead, while she takes part in the knife with a knife and knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a view.

§ 4. Defendants 1, 2, and 3 are combined and habitually joined.

A. At around 05:00 on August 26, 26 of the same year, 05:00, the victim Nonindicted 5, located in the same city north-dong, with the same method as the one mentioned in the preceding paragraph, intrudes into the victim Nonindicted 5’s rooftop restaurant located in the same city as the one mentioned in the preceding paragraph. The victim’s 14-person market value per the 150,000 won owned by the victim and the 150,000 medium-sized one market value per one medium-scale, with the amount equivalent to 175,000 won per the Do market value.

B. At around 01:00 on September 2, 200 of the same year, Defendant 2 reported at the entrance of the victim non-indicted 6’s window in Jung-dong 2, Jung-gu, Jung-gu, 00 (number omitted), Defendant 1 and Defendant 3, who invaded and intrudes the entrance glass, had an amount equivalent to KRW 5,00,000, 15,000, 10,000, 10,000, 15,000, 2, 2, and 10,000, 2, and 3;

5. Defendants 1, 3, and 4 are combined, habitually:

On the 3th of the same month, around 02:00, the victim Non-Indicted 7 (24 years old), located in the north-dong, north-dong (number omitted), and Defendant 4, Defendant 1, and Defendant 3, upon entering the inside bank of the Dong, have a net around the north-dong, had the victim 7 (24 years old), had the victim 20,000 won in cash on the face of the Dong, had the victim 20,000 won in cash on the face of the Dong, had the victim 1 and Defendant 3 interfered with his hand, and had the tape of the tape recorder with the wire of the tape recorder, had the victim 1 and Defendant 3 interfered with his hand, and had the victim 20,000 won in a hand, and had the victim 20,000 won in a hand

6. The Defendants together with them:

A. On the 6th of the same month, at the same time on the 00:15th of the same month, Defendant 4 met at the entrance of the victim Non-Indicted 8 (year 62) located in Jung-gu, Seoul Special Metropolitan City (number omitted), and the remaining Defendants met tobacco, and Defendant 1 met the opportunity to commit the crime, and Defendant 2 went away from Jung-gu's 44,500 won of the suspicion of possession of the person, and forced the Dong 2 to escape, thereby taking it into force, and thereby, Defendant 2 went away from Jung-gu Special Metropolitan City, Dokdok-kin, which was possessed by the Dong 44,500 won.

B. On the 15th day of the same month, at around 23:00, the victim non-indicted 9 (Woo-gu, 53 years old), located in Seo-gu, Seo-gu, Madern Madern 23:00, Defendant 4 was at the entrance of the victim, and Defendant 3 had access to the above victim and changed to be beer, and Defendant 1 was towed to be a cherb, being towed to the cherb, and being towed to the cherb, under the item of the cherb, the road prepared in advance. Defendant 2 was bound by the telephone line and as soon as possible, Defendant 1 threatened the cherb with the cherb's hand to resist, resisting the cherb, and resisting the cherb with the cherb, 250,000 won in cash, 50,000, 2500,000 won in the so-called tobacco market price.

(c)be habitually;

(1) At around 00:10 on September 3, 19 of the same year, at the same time, the victim Non-Indicted 10 (Inn, 19 years of age) located in Dong-gu 3, Dong-dong 1, 3, and 4, Defendant 1, and Defendant 2, who invaded the victim's room beyond Dong-dong 1, and Defendant 1, and Defendant 2, who reported the "inn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k's kn't k't k.

(2) At around 14:30 on September 10, 1987, at the same time, Defendant 3 and 4 reported to the outside of the room, Defendant 1 and 2 reported to the outside of the room, Defendant 30,000 won in cash owned by the victim at the outside of the room, following an intrusion into the inside room of the wall, such as an inner gate, a lock-up, a student bank, ridge decoration, etc., the amount of KRW 30,00 in cash owned by the victim at the outside of the room, the amount of KRW 40,00 in total, KRW 49,00 in both weeks, the amount of KRW 49,00 in the market price, KRW 35,00 in both weeks, and KRW 18,18,00 in half of the market price, KRW 45,00 in student voting tickets, and KRW 10,000 in electronic voting tickets, and KRW 36,086 in the attached sheet.

7. Defendant 2 habitually intruded the victim non-indicted 12 located in the same Dong-dong (number omitted) with a crepan in the direction of the management of the victim non-indicted 12 located in the same month on the 21st day of the same month by using the crepan in which the victim talks with the customer, and then stolen the above amount of KRW 96,000,000, the market price of which is equivalent to KRW 65,000, and KRW 1,000,000, and KRW 30,000,000.

The remainder of the facts in the ruling, except habitual, shall not be

1. Defendants’ partial statements in compliance with this Court

1. Each statement that conforms to the facts stated in this Court by the witness Nonindicted 3, 8, and 10

1. Each protocol of examination of the suspect against the Defendants prepared by the public prosecutor, which corresponds to this;

1. Each statement that corresponds to the part of the judgment in each protocol of statement concerning Nonindicted 3, 4, 7, 8, 9, 10, 12, and 13 prepared by the prosecutor;

1. Each statement in the statement made by Nonindicted 1, 3, 4, 5, 6, 7, 8, 10, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 of the preparation of a judicial police assistant;

1. Any description corresponding thereto and each photographic image in the inspection protocol prepared by a judicial police officer;

1. Each protocol of seizure prepared by a judicial police officer, corresponding thereto;

1. Statement that corresponds to the criminal records of Nonindicted 29 prepared by the Daegu Middle Police Station as a Assistant Inspector in the criminal records of Defendant 2

1. Each diagnosis statement that corresponds to the part and degree of the injury as indicated in the judgment among the reply of the doctor Nonindicted 30’s request for cooperation in investigation with Nonindicted 8, and the reply of the doctor Nonindicted 31’s request for cooperation in investigation with Nonindicted 9

1. Two blades for mountain use confiscated (No. 1 and 5), two knives such as small knives (No. 2 and 7), two 흰s (Evidence No. 3, 20), three 흰s (Evidence No. 4, 6, 11), one large Doluco knife (Evidence No. 9), one Doluco knife (Evidence No. 10), one knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif k knif k), one knife k knif k kn

Habitual points of the ruling:

As stated in its reasoning, the Defendants may recognize the same kind of crime within a limited period of time by comprehensively taking account of various circumstances such as the motive, means and method of the crime in this case, and the circumstances after the crime. Therefore, all of the facts of the judgment are proven.

Since the defendant 1-1, 3-1, 3-1, 4-1, 5-1, 6-1, 3-2, 5-2, and 6-3 of the judgment of the court below, and 7-2 of the defendant 1-1, 3-1, 3-1, 4-1, 5-2, and 3-2 of the Criminal Act, each of the following crimes shall be included in the scope of punishment against the defendant 1-1, 4-1, 5-1, 5-2, 5-2, 3-1, 5-2, 5-2, and 4-2, and 5-2 of the Criminal Act (the crime of robbery and larceny shall be included in the category of punishment against the defendant 1-1, 342, 329-1, and 5-2 shall be included in the crime of robbery, and the crime of robbery shall be included in the punishment against the defendant 1-1, 5-3, and 329-2.

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-soo (Presiding Justice)