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A defendant shall be punished by imprisonment for two years.
Seized evidence Nos. 1 and 2 shall be confiscated.
Nos. 3, 4 of seized evidence.
Reasons
Punishment of the crime
【The Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court’s net support on April 3, 2003, and was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on November 25, 2005, and on August 30, 2016 at the Gwangju District Court, the Defendant was sentenced to one year and eight months of imprisonment with prison labor for habitual night intrusion theft, etc. and completed the execution of the sentence on November 8, 2017.
【In a case where a person who committed a crime, such as habitual larceny, as prescribed in Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes intrudes upon his/her residence as a means of the crime, only one crime such as habitual larceny, which is incorporated into a crime of habitual larceny, and does not constitute a separate crime of intrusion upon residence as prescribed in the said Article. In addition, in a case where the person who committed the crime of habitual larceny, etc. intrudes upon his/her residence for the purpose of habitual larceny, other than the crime, but falls short of the larceny, and even in a case where he/she intrudes upon his/her residence, the crime of habitual larceny is deemed to constitute a crime of habitual larceny, etc., separate from the crime of habitual larceny, etc., prescribed in the said Article (see Supreme Court Decision 2017Do4044, Jul. 11, 2017). A prosecutor separately charged with intrusion upon his/her defense counsel for the purpose of larceny (see Supreme Court Decision 2018Do40444, Jun. 26, 2013).
[2018 Gohap 321]
1. On July 5, 2018, the Defendant habitually resides in Gwangju Northern-gu around 01:50.