[Criminal Justice] On December 11, 2015, the Defendant was sentenced to three years and six months of imprisonment for habitual larceny and robbery, and completed the execution of the said sentence on November 3, 2018, in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On February 26, 2019, around 04:45, the Defendant: (a) laid down the BMF bicycle in front of the "C" of the first floor in Goyang-dong, Yongsan-gu, Goyang-si; (b) the market price of the victim D, which is equivalent to KRW 1,500,000, in an irregular manner; and (c) subsequently stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on internal investigation (victim's statement, etc.);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, copies of each judgment, and investigation reports (period of repeated crimes);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The Defendant, with the reason for sentencing Article 35 of the Criminal Act, committed the instant crime without being convicted of being sentenced to seven criminal punishment, including imprisonment with prison labor for larceny. In particular, on December 11, 2015, the Defendant was sentenced to three years and six months due to habitual larceny and robbery and injury by robbery on November 3, 2018.

The crime of this case was committed by the defendant, after removing the correction device of the bicycle installed in the victim's commercial building on the new wall, and the nature of the crime is not weak in light of the method of crime, etc.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and the fact that the victim did not want the punishment for the defendant by agreement with the victim, etc. shall be considered.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.