Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal records] On February 17, 2011, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court, on December 18, 2013, six months in the same court, and two years in imprisonment with prison labor for habitual larceny at the Chuncheon District Court on June 24, 2015, and completed the execution of the sentence in the Chuncheon Prison on February 20, 2017.
[Criminal facts]
1. On May 22, 2018, the Defendant: (a) committed theft by driving the “C” factory complex located in Seo-gu Incheon, Seo-gu, Incheon on May 22, 2018; (b) the victim D’s market value parked in the parking lot in the complex was KRW 1,500,000, 1,000, 200.
2. On May 22, 2018, the Defendant, at around 00:05, driven the said vehicle as described in paragraph (1) without obtaining a driver’s license from the “C” factory complex located in Seo-gu Incheon, Incheon, to the “G church” parking lot located in the Nam-gu, Incheon, Nam-gu, Incheon, from around 01:00 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. The driver's license ledger, such as on-site photographs and circulars to requests for appraisal;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the thief of repeated crimes), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act (the point of
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] [the scope of punishment] under the Specific Crimes Aggravated Punishment Act for the mitigation area (one year to two years), the mitigation area (one year and two years and six months), [the person who is subject to special mitigation] [the decision of sentence] is not subject to punishment for the larceny and non-licensed driving under the Specific Crimes Aggravated Punishment Act for several times, even though the defendant had been punished for the larceny and non-licensed driving crimes.