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Defendants shall be punished by imprisonment for one year and six months.
Reasons
Punishment of the crime
【Defendant A was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on October 15, 2013, and on July 20, 2015, upon receipt of a decision to commence a retrial at the same court on August 10, 2015, Defendant A was sentenced to two years of imprisonment for a crime of intrusion upon residence at night on August 10, 2015 and completed the execution of the sentence at Daejeon Prison on August 18, 2015.
Defendant
B On April 29, 2014, the Daejeon District Court sentenced 10 months to imprisonment with prison labor for night-time structure intrusion theft, etc., and completed the execution of the sentence on June 17, 2015.
【Criminal facts】 [Defendant-Appellee 3746]
1. Violation of the Punishment of Violences, etc. Act (joint residential intrusion) and special larceny;
A. On October 28, 2015, the Defendants committed the crime at the home of the victim E, around 16:00 on October 28, 2015, around 11, 2015, at the Daejeon Jung-gu, Daejeon, about 11:00, Defendant B opened and opened a string door, and Defendant A entered the string door and opened the string door, which opened as above, and intrudes upon the victim’s residence, with two smartphones, 1,00,000 KRW 1, 4, 4, 6, 6, 7, and 3 resident registration certificates.
B. On October 30, 2015, the Defendants committed the crime on October 30, 2015: (a) around 21:50 around 21:50, at the H high school school office managed by the educational institute of the victim H of the victim’s H in Daejeon-gu, Daejeon-gu, into the open door; (b) Defendant A reported the network through the CCTV image monitoring installed therein; and (c) Defendant B had the victim I’s 5,000 won and 2,000 won home flusium gift certificates, each of which was owned by the victim I, and 1,5,000 won and 50,000 won in the market price contained by the credit card 5.
Accordingly, the defendants jointly intrudes the dwelling and buildings of other persons, and combine them with each other's property.