A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Power] On February 1, 2007, the Defendant was sentenced to nine months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Daejeon District Court on May 14, 2009, nine months of imprisonment for larceny at the Daejeon District Court on December 5, 2013, in the same court on December 5, 2013, six months of imprisonment for a crime of larceny, and eight months of imprisonment for a crime of larceny at the same court on August 25, 2016, and completed the execution of the final prison on November 30, 2016.

【Criminal Facts】

On October 25, 2017, the Defendant: (a) was deaf and mute; (b) on October 25, 2017, in order to steals the inside of the vehicle from the parking lot for the Daejeon Seodong-gu C Corporation, Daejeon, the Defendant left the knife of the driver’s seat of the vehicle owned by the victim D; (c) on the part of the victim’s knife, the Defendant opened the door of the knife and opened the door of the knife of the G vehicle owned by the victim F, which was parked in the nearest area and opened the bank inside, and attempted to be discovered to the victim.

As a result, the Defendant committed the attempted larceny again within three years after the execution of the sentence of larceny, etc., which was sentenced to imprisonment with prison labor on three or more occasions by theft by the victim.

Summary of Evidence

1. Statement 1. D and F of the police interrogation protocol against the accused;

1. Before holding: A criminal investigation report (Attachment of the same kind and repeated power), and application of statutes concerning criminal records;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. Of concurrent crimes, the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., in light of the reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

Extraordinary circumstances: repeated crimes.