A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 6, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daegu District Court on October 11, 2014, and completed the execution of the sentence.

1. On May 18, 2016, the Defendant: (a) opened a door that was parked on the street near “C” located in Sinsan City from around 00:30 to around 00:40 the same day; and (b) stolen the said door with approximately KRW 10,000 for the street owned by the victim E, which was located in the said vehicle.

2. The Defendant, who was parked on the date and time stated in the preceding paragraph, and on the street near the above “C”, opened a door of the unlocked vehicle in order to steal money and valuables from the GPoter’s freezing tower, which was owned by the victim F, but did not receive money and valuables from the Defendant, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report (the counter-investigation of victims of Dropis E) and investigation report (the attachment of CCTV images for crime prevention);

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (verification of the facts constituting a crime during the period of previous records, attachment of judgments, and repeated crimes);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. One month to eighteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Reduction elements of types 2 (Special Larceny) (Special Aggravation): Reduction factors of punishment not falling under special circumstances: Imprisonment with prison labor for the same repeated crime not falling under special circumstances (the scope of recommending punishment) from April to October (the area of mitigation); and

3. The defendant who has been sentenced to criminal punishment has been sentenced to imprisonment several times with prison labor for larceny and attempted larceny.

In particular, the punishment for recidivism was imposed repeatedly during the period of repeated crime due to larceny, and the punishment was imposed again.