Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On December 20, 2016, around 02:05, the Defendant opened a driver’s seat that was parked by the victim D before Gwangju Mine District, and colored the object to be stolen by entering the inside, but did not contain the purport of the object to be stolen.

Summary of Evidence

1. The defendant's partial statement (the purport that a stolen article exists while entering the vehicle in its holding) is also stolen;

1. Copy of a protocol concerning the examination of partially the police officers against the defendant;

1. Application of each of the statutory statements made by witnesses D and F

1. Relevant Article of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defense counsel regarding the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had committed a crime under the influence of physical and mental disorder due to a stimulative disorder

However, upon examination of evidence, the defendant was in a state that the defendant lacks the ability to discern things or make decisions due to the above mental disorder.

Therefore, the defense counsel's assertion is rejected.

It is difficult to deny that there is a need to strictly punish the defendant because he/she has committed a repeated crime with the same kind of punishment for sentencing and has not yet been tried after the release.

However, there was no substantial damage due to the attempted crime, and the defendant was investigated to respond to the arrest in order after the discovery of the crime. Although the criminal intent was denied at the early stage of the trial, the criminal's mistake was recognized in the process of the examination of the evidence after the examination of the evidence.

In addition, there has not been any special motive or reason to commit the crime of this case, and there has been no recidivism since it has been continuously given mental treatment after the crime, and the leakage and punishment of the defendant who has a strong social relation.