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A defendant shall be punished by imprisonment for not less than one year and six months.
Seoul Central District Prosecutors' Office No. 4065 of 2014, No. 1, 2.
Reasons
Punishment of the crime
[criminal power] On October 27, 2005, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on August 23, 2006; 10 months of imprisonment with prison labor for attempted larceny at the Seoul Northern District Court on August 23, 2006; 10 months of imprisonment with prison labor at the Seoul Northern District Court on December 11, 2007; and on June 18, 2013, the Seoul Northern District Court sentenced one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on May 8, 2014.
【Criminal Facts】
On October 20, 2014, at around 03:18, the Defendant: (a) discovered EM vehicle in front of Jung-gu Seoul, Jung-gu, Seoul, the victim D uses for his business; (b) stolen things inside the vehicle; (c) concealed the inside with the hand gate prepared in advance by the driver’s seat door of the said vehicle; and (d) arrested the witness, and attempted to steal the victim’s property by inserting it into the window crepan of the driver’s seat.
around 01:10 on May 27, 2016, the Defendant: (a) discovered a HDam Cargo Vehicle parked by the victim G on the road of Jung-gu Seoul, Jung-gu, Seoul; (b) attempted to steal goods located in the vehicle; (c) opened a vehicle and opened a vehicle with a strong steel with a strong steel, and colored the goods to be stolen; and (d) was not discovered from the victim, and did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to D and G;
1. Each police seizure record and the list of seizure;
1. Previous records of judgment: Criminal history records, personal identification and confinement status, investigation reports (verification of the same kind of records), and application of each one copy of judgment to Acts and subordinate statutes;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime committed;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;