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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
On May 18, 2011, the Defendant was sentenced to eight months of imprisonment for larceny, etc. at the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on October 20, 201.
The Defendant from around 18:00 on January 27, 2012
1. From the 28:00 to the 28:10, in order to open a door of a P-to-pubed car parked in the front parking lot of Geumho-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju, with no correction of the victim O, and cut off goods equivalent to the sum of KRW 709,000,000 in total, including 50,000, 300,000, the market value of the victim-owned vehicle, and 300,000,000, in the market value.
On January 30, 2012, from around 19:30 to January 31, 2012, the Defendant: (a) opened a door of a RFD car parkeded without the victim Qu being parked at the front parking lot of 106 Dongdong-dong, Dongdong-gu, Gwangju, Gwangju, from around 19:30 to January 31, 207:0; and (b) cut off the Hafd car at the victim’s market price of KRW 100,000.
On March 2012, 2012, the Defendant: (a) opened a door for the passenger car parkeded by the victim S with no locking and parked at any place in Busan, and (b) stolen KRW 3,000 in cash, which is the owner of the victim.
Accordingly, the defendant habitually stolen another's property.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the accused by the prosecution;
1. Each written statement ofO, Q and S;
1. Previous records: A criminal investigation report (verification of the date of release from prison and attachment of the same criminal records and the same kind of judgment), personal identification and confinement status, and copy of the judgment;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;
1. Relevant Articles 332 and 329 of the Criminal Act concerning facts constituting an offense and Articles 332 and 329 of the Criminal Act (or, collectively, the choice of imprisonment with prison labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes.