[Criminal record] On November 15, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court (Seoul Southern District Court) on November 15, 201, and on June 15, 2013, the Seoul Southern District Court completed the enforcement of the sentence.

[2] On June 10, 2016, around 20:26, the Defendant: (a) cut off one bicycle with the victim D’s market value equivalent to one million won, which was set up in Yeongdeungpo-gu Seoul Metropolitan Government C around June 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Reporting on occurrence of a disaster;

1. Investigation report (related to a request for provision of communications data);

1. The investigation report (related to the tracking and investigating of suspects);

1. Report of investigation (specific suspect);

1. Investigation report (related to recovery of damaged articles);

1. Details on the use of subway transportation cards;

1. CCTV photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation report (verification of criminal records and records of the same kind of crime during the period of repeated crime), judgment text (Seoul Southern District Court 2012 High Court 3984) and application of Acts and subordinate statutes on personal confinement;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (abundance of intention and choice of imprisonment);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] and the aggravated factors [the person subject to special sentencing] of types 2 (general larceny] [the person subject to special sentencing] [the determination of the area of recommendation] [the area of recommendation] increased [the scope of the recommended punishment] 10 months to 2 years;

2. Circumstances unfavorable to the decision of sentence: The defendant is released from prison due to larceny, etc. and is in the same period of repeated crime, but the criminal liability for the crime of this case is not easy.

Even though he was punished by a fine due to the larceny during the period of repeated crime, he committed the crime of this case again.

There was no recovery of damage.

Although there is a need to support the defendant's family member, the defendant is sentenced to punishment for the above unfavorable circumstances, but the defendant reaches the crime of this case.