A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On December 16, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Gwangju District Court’s order in the Gwangju District Court’s order, and on June 21, 2012, the same court was sentenced to four months of imprisonment with prison labor for larceny, etc., and on December 20, 2012, the same court was sentenced to six months of imprisonment with prison labor for larceny, etc. on May 9, 2013 and completed the execution of the sentence.

【Criminal Facts】

1. On June 2013, the Defendant: (a) opened a driver’s seat that was parked at the front of the victim D’s house located at the end of the end of the pertinent period; (b) opened into the said cargo vehicle, and carried the said cargo into the victim’s cash 4,50,000 won owned by the victim.

2. Around 04:00 on July 23, 2013, the Defendant: (a) opened a driver’s seat, which was parked in the above place, to steal the goods from the vehicle; and (b) discovered the goods to be stolen into the said cargo vehicle; and (c) was removed from the victim and attempted to commit the act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each report on investigation;

1. Previous records: Application of criminal records, etc. and investigation reports (recognating repeated crimes and reporting of the same criminal records and attachment of judgment);

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant applied for a new review on the ground that the Defendant rendered a decision of unconstitutionality as to Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (b) deliberated again.