[2] On October 31, 2008, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court; on October 26, 2010, the Defendant was sentenced to imprisonment with prison labor for an attempted larceny in the same court; on December 22, 2011, the same court was sentenced to one year and six months; on February 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at night; on April 17, 2014, the same court was sentenced to imprisonment with prison labor for one year and six months for a crime of larceny; on July 7, 2015, after having been sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court, the Defendant was sentenced to imprisonment with prison labor for two years and completed on July 24, 2017.

[2] Under the influence of alcohol, the Defendant: (a) opened a driver’s seat at Busan Jin-gu, Busan on July 18, 2020; (b) opened a driver’s seat at the victim C, which was parked at the Busan Jin-gu, Busan on July 11, 2020; and (c) stolen the Defendant’s cash worth of KRW 70,000,00, which was located within the said vehicle’s receipt box.

Accordingly, the defendant has been sentenced to imprisonment more than three times with prison labor due to larceny, and he has committed larceny again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. CDA and each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (the Defendant, at the time of the instant case, lost the mold while taking the alcohol on the way to drink.