On February 1, 2011, the Defendant was issued a summary order of KRW 700,00 by the Incheon District Court for larceny, and on July 22, 2011, the same court was sentenced to a fine of KRW 700,000 as an attempted larceny, and on August 26, 201, the Defendant was sentenced to a fine of KRW 300,000 as an attempted larceny by the same court. On April 3, 2012, the Defendant was issued a summary order of KRW 700,000 as a fine for larceny by the same court.

On September 2, 2011, the Defendant was sentenced to 6 months of imprisonment with prison labor or 2 years of suspended sentence for larceny, etc. at the Incheon District Court, and on November 25, 201, the period of suspended sentence became final and conclusive on December 3, 2011 by being sentenced to 4 months of imprisonment with prison labor for larceny, etc., and completed the execution of the said sentence at the Incheon Detention House on March 6, 2012.

On April 14, 2012, around 21:30, the Defendant: (a) discovered a DNA EXE car owned by the victim C, which was not corrected from the parking lot located in Bupyeong-gu, Incheon, Bupyeong-gu; (b) and (c) removed the total sum of KRW 17,550 from the victim’s ownership, and stolen the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Photographs of seized objects and photographs of damaged vehicles;

1. Previous convictions: Copies of criminal records and certificates of release;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The grounds for conviction and sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the fact that the defendant repents wrongs in lieu of the defendant, and the fact that the damaged goods have been recovered and the damaged amount has not been relatively small);

1. The defendant does not have a habit of larceny.