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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On January 7, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Northern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months at the same court on August 24, 2018 and completed the execution of the sentence on November 25, 2019.
【Criminal Facts】
1. Around 01:00 on December 6, 2019, the Defendant: (a) found the victim’s Erocketing car owned by the victim D, which was parked on the road located in Daegu-gu B, Daegu-gu; and (b) opened a driver’s seat and opened a door, and then cut off with a total of KRW 40,000,000, when entering the door.
2. On December 6, 2019, the Defendant: (a) found a H franchiser car owned by the victim G, which was parked, on the road in front of the Daegu Seo-gu, Daegu-gu, on December 6, 2019; (b) decided to steal money stored in the said vehicle by the foregoing method; and (c) decided to have the head door of the said vehicle, but did not bring about an attempted attempt because the vehicle door was set off.
As a result, the Defendant was sentenced to punishment twice or more due to habitual larceny, etc., and again attempted to steals property or to steals property of the victim amounting to KRW 40,000 on two occasions within three years after the completion of the execution.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. G statements;
1. Records of seizure and the list of seizure;
1. Images after a CCTV closure;
1. Previous convictions indicated in judgment: Lists of related cases and criminal records;
1. Habitualness: Application of the Act and subordinate statutes to the Act on the Aggravated Punishment, etc. of Specific Crimes to the Act on the Aggravated Punishment, etc. of Specific Crimes to the Act on the Aggravated Punishment, etc. of Specific Crimes, including the criminal records in the holding, has been repeatedly punished on several occasions, in light of the fact that
1. Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.