[Criminal Power] On July 15, 1985, the Defendant was sentenced to a suspended sentence of 8 months for larceny, etc. at the Seoul Northern District Court on June 17, 1986, and sentenced to a maximum of 10 months for a short term of 8 months for larceny, etc. at the Seoul Central District Court on June 17, 1986. On January 8, 1993, the Defendant was sentenced to a prison term of 1 year for a special larceny, etc. at the Seoul Western District Court on October 27, 2005. The Defendant was sentenced to a prison term of 8 months for a crime of larceny, etc. at the Seoul Northern District Court on August 23, 2006. On December 11, 2007, the Defendant was sentenced to a prison term of 10 months for a attempted crime of larceny, etc. at the Seoul Northern District Court on December 11, 2007.

【Criminal Facts】

Around May 9, 2013, the Defendant: (a) was under the influence of alcohol and had weak ability to discern things or make decisions, and (b) was aware of the victim’s e-ray which was opened and stolen by the e-ray that was parked in the parking lot located in Jung-gu Seoul, Jung-gu, Seoul, and the victim’s e-ray that was parked in the e-ray.

Accordingly, the defendant attempted to steal the victim's property habitually, but did not have the intention to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An investigation report (to hear statements from a victim and to attach four times the place of committing the crime);

1. Previous convictions in judgment: Criminal records, criminal records, the previous convictions, and court rulings (No. 6, 7, and 8 evidence lists);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each criminal record, the object and method of the crime can be similar to those of the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The scope of recommendation and sentence for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: Two to four years (basic areas) have the career of having been punished several times for the same crime as stated in its reasoning.