절도미수
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Justice] On January 23, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Goyang Branch of the Jung-gu District Court (Seoul High Court) on September 18, 2014, and the Seoul High Court sentenced two years of imprisonment with prison labor for a maximum of one year and one year and six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Violation of the Children and Juveniles against Sexual Abuse Act (Rape) at the Seoul High Court on September 18, 2014, and the said judgment became final and conclusive on September 26, 2014, and completed the execution of the said sentence on October 22, 2018.
【Criminal Facts】
1. Around 01:52 on January 3, 2020, the Defendant discovered a vehicle owned by the victim C and discovered the vehicle in front of the Daegu Southern-gu B, Daegu-gu, and, on the intent of theft of money, goods, etc. located on the vehicle, the Defendant did not commit an attempted crime because the door was unfolded.
2. At around 02:02 on the same day, the Defendant discovered a victim E-ray vehicle parked in front of the Daegu Southern-gu D, and, on the premise of theft of money, goods, etc. located on the vehicle, the Defendant did not commit an attempted crime because of the knife of the above vehicle’s knife, but the knife was unfolded.
Summary of Evidence
1. The defendant's interrogation protocol of each police officer's suspect F of the defendant's court statement, G;
1. A report on internal investigation (a CCTV and a photograph attached to a rolling stock);
1. Previous records of judgment: Criminal records, results of inquiry into criminal records, and application of Acts and subordinate statutes to investigation reports (suspect A criminal records);
1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the Defendant committed the instant crime even during the period of repeated crime due to the same kind of crime.
However, the defendant recognized and reflected his criminal act, and the crime of this case is attempted.