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(영문) 대전지방법원 2018.08.30 2018고합184
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On June 17, 2004, the Defendant was sentenced to imprisonment with prison labor for one year from the Seoul Northern District Court as a special larceny, etc., and two years from the imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on October 27, 2005, and two years and six months from the imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on March 27, 2008 at the Seoul Northern District Court on March 27, 2008, and three years and six months from April 15, 201.

On October 23, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Seoul Central District Court of Seoul, and on November 30, 2017, the Defendant completed the execution of the said punishment in the first class of the North Korean Branch of the North Korean Branch on November 30, 2017.

[ 범죄사실] 피고인은 2018. 4. 18. 15:30 경 대전 서구 C 아파트 10☆ 동 1☆01 호에 있는 D 검사는 공소장에 D을 피해 자로 기재하였다.

However, in a case where a criminal who habitually commits the crime of larceny as prescribed in Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes intrudes on his/her residence for the purpose of larceny, in addition to the crime, but does not reach the level of larceny, and even if it appears to have been the realization of habitual larceny, he/she does not constitute only one crime of habitual larceny, etc. as prescribed in the said Article, which is incorporated into another habitual larceny, and constitutes only one crime of habitual larceny, etc. as prescribed in the said Article, and does not constitute a crime of intrusion on his/her house separately from the crime of habitual larceny, etc. (see Supreme Court Decision 2017Do404, Jul. 11, 2017). Therefore, D does not indicate it as “victim.”

In the house, it was confirmed that there is no person by dividing the first class, and then the entrance was opened by the method of laying the entrance by using a dangerous object prepared in advance (the "defluence"), and intruded into the structure managed by D.

이어 피고 인은 위 1☆01 호의 D이 이틀 전 이사를 나가 위 장소에서 훔칠...

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