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Reasons
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(영문) 광주지방법원 목포지원 2015.03.05 2015고단83
상습절도미수
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A defendant shall be punished by imprisonment for six months.

Seized evidence 1 and evidence 2 shall be confiscated.

Reasons

Punishment of the crime

On August 20, 2004, the Defendant was sentenced to a summary order of KRW 1 million by larceny, etc., on August 20, 2004, and on August 22, 2007, the Defendant was sentenced to imprisonment with prison labor for 6 months by larceny, etc. in the wooden Branch of the Gwangju District Court, on April 27, 201, and on April 27, 201, 8 months by larceny, etc., respectively. On February 19, 2013, the Defendant was sentenced to imprisonment with prison labor for 2 years by committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the wooden Branch of the Gwangju District Court, and the execution of the sentence was terminated on January 6, 2015.

On January 21, 2015, the Defendant discovered that a vehicle was parked without correction by the victim C, while the Defendant was in mind to steal money and valuables from the parked vehicle at the 6-lane 19, e.g., Bolllle, 57 o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o

Accordingly, the defendant habitually stolen another's property but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Previous records: Criminal history records and other inquiry reports, investigation reports (verification of criminal records of the same kind of suspect and the date of release from the court), investigation reports (Attachment to judgments, etc.);

1. Habitualness: In light of the fact that the defendant was punished for larceny several times, and the two times among them committed the crime of this case again even though he was sentenced to imprisonment, and that all of the crimes committed after 2011 were stolen or attempted to steals money and goods on parked vehicles, and that the method of committing the crime is the same, etc., the defendant is recognized as a habit.

Application of Statutes

1. Article 342, 332, or 329 of the Criminal Act applicable to the crimes and Articles 342, 332, and 329 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes:

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