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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On June 12, 2015, the defendant was sentenced to two years of suspended sentence for the crime of larceny and attempted larceny in the Gwangju District Court, which became final and conclusive on June 20, 2015, and is currently under suspended sentence.
In addition, on January 27, 2016, the Defendant was sentenced to a fine of six million won for attempted larceny at the Gwangju District Court, and the judgment became final and conclusive on October 12, 2016 through the appellate court.
1. On August 2, 2016, at around 20:20, the Defendant attempted to open a door in front of Gwangjudong-gu, Gwangju, which was parked therein, owned by the victim C, and colors the goods to be stolen, but did not find stolen things.
2. The Defendant attempted to take the top door of the Victim E-owned car, which was parked at the same time, at the same place, at the same time, in mind of theft of things, and attempted to open the victim E with his hand, but did not bring the door to his intention, and did not commit an attempted act.
3. The Defendant attempted to set the victim G-owned driver’s seat of the Hio car parked at the same time, at the same place, at the same time, and at the same place, and tried to open the victim G-owned vehicle by hand, but the door was unfolded, and did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect of the police accused;
1. A written statement of I and C;
1. Photographs of damaged vehicles;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Articles 342 and 329 of the Criminal Act applicable to the crimes;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Among concurrent crimes, the reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are the same as the attempted larceny in this case.
However, the defendant has already been punished several times for the same type of crime, in particular, during the suspension period of execution of the same military force, and during the trial of the appellate court, the crime of this case is committed.