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Acquittal of the accused shall be acquitted.
Reasons
1. The summary of the facts charged is that the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny at the Gwangju District Court on July 23, 2015 and completed the sentence on June 10, 2018 and was released from the 2nd prison of North Korea and is a repeated offender.
On June 26, 2018, at around 09:50, the Defendant: (a) discovered the air conditioner in front of Gwangju Northern-gu C, and (b) attempted to 200,000 won of the market price at which the victim D (Nam, 70 years of age) installed on the wall outside the building and sell it on the water, and (c) attempted to remove the ship by putting it down, but the gas did not leak and separate it.
Accordingly, the defendant tried to steal the victim's property, but did not commit it but did not commit an attempted crime.
2. On December 7, 2018, the Defendant was sentenced to three years of imprisonment with prison labor for the crime that “after having been sentenced two or more times by habitual larceny, etc.” and the judgment became final and conclusive on February 13, 2019, on the ground that “within three years after the completion or exemption of the execution of the sentence, he habitually stolen damaged articles on seven occasions from July 23, 2018 to August 15, 2018.”
The instant facts charged against the Defendant and the instant offense against the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive, are based on the realization of Defendant’s theft habits in light of the means and methods of crime, period of crime, Defendant’s previous conviction, etc., and are related to
Therefore, the judgment on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is effective against the defendant who is related to the comprehensive crime.
Therefore, since the facts charged against the defendant constitutes a final judgment, a judgment of acquittal is rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act.