A defendant shall be punished by imprisonment for four months.

Punishment of the crime

(2) On June 4, 2015, the Defendant was sentenced to one year and two months of imprisonment for habitual larceny, etc. at the Seoul Central District Court of Seoul, and completed the execution of punishment on October 4, 2015. On January 12, 2017, the Defendant was sentenced to eight months of imprisonment for larceny at the Seoul Central District Court and completed the execution of punishment on April 21, 2017.

[Criminal facts]

1. Around 04:00 on August 28, 2017, the Defendant discovered a set of motor vehicle owned by the injured party C, which was parked on the roads near Seongdong-gu Seoul, Seongdong-gu Seoul, and attempted to open a door by cutting off the car in order to steal the things located on the car, but the Defendant attempted to do so on the wind set off.

2. The Defendant: (a) discovered the sprink car owned by the victim D, which was parked at the above time and place; and (b) opened the door door of the vehicle in order to steal things located on the vehicle, but the door was sprinked by the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Each penal provision Article 342 and 329 of the Criminal Act (Selection of Imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under Articles 37 and 38 of the Criminal Act, which aggravated concurrent crimes, are as follows: (a) repeatedly commits a crime without dumping damp force despite the majority of the same species of force, such as the power of repeated crimes of the same kind; (b) thereby choosing imprisonment; and (c) the fact that such attempted crimes did not cause damage shall be reflected in the term