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(영문) 광주지방법원 2019.09.20 2019고합315
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On August 22, 1996, the Defendant was sentenced to imprisonment with prison labor for a maximum term of two years, short term of one year and six months, March 26, 2003 to the same crime in the same court; on August 17, 2007, the same court was sentenced to imprisonment with prison labor for the same crime; on August 11, 2016, the same court sentenced three years to imprisonment with prison labor for habitual larceny, etc., and completed the execution of the sentence on April 21, 2019.

【Criminal Facts】

In addition to the crime of habitual larceny prescribed in Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the offender who committed the crime of habitual larceny, etc., was injured by his/her residence for the purpose of habitual larceny, but without having reached the level of habitual larceny, and even in case of his/her residence intrusion, insofar as it appears to have been the actual occurrence of habitual larceny, the act of intrusion upon his/her residence constitutes only one crime of habitual larceny, etc. prescribed in the same Article, and constitutes not the crime of habitual larceny, etc. prescribed in the same Article (Supreme Court Decision 2017Do4044 Decided July 11, 2017). A prosecutor separately indicted the crime of victim I as the crime of habitual larceny, but determined that only one crime of violation of the Aggravated Punishment, etc. of Specific Crimes Act, ex officio in accordance with the purport of

1. On May 23, 2019, at around 09:39, the Defendant: (a) opened and intruded a e-berash window that was in front of the Southern-gu Seoul metropolitan apartment zone D, without correcting its windows; and (b) took a 100,000 won of the market price of the victim B, which was on his/her inner book, at the same time, owned by the victim B, with one 10,000 won of the net amount of KRW 2.4 million, and one 5,000,000 of the market price of KRW 1,00,000.

2. On July 25, 2019, the Defendant, at around 09:30, opened and intrudeed a beer window that was not corrected in front of the Southern-gu G apartment Hho-gu, Nam-gu, Gwangju, and was on the inside and outside of the zone, and owned by the victim F with precious metal, cash, KRW 1.3 million in the market price equivalent to KRW 2 million.

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