1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

On May 10, 2016, at around 12:10, the Defendant brought about the amount equivalent to KRW 100,000 at the market price of 10,000 for children with yellow bicycle owned by the victim D, who was installed without a locking device from the stairs between Eunpyeong-gu Seoul and the second floor.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

The facts of the judgment

1. A statement to the effect that the defendant has sold the bicycle as stated in this Act at the time and place in the ruling to another person;

1. Each statement made by the witness E or D in compliance with this Court;

1. Each statement made by the assistant judicial police officer with respect to E and D, which is compatible with each other;

1. In full view of the records of seizure prepared by the assistant judicial police officer, the statement that the bicycle was seized from E can be recognized, and there is proof.

As to this, the Defendant and his defense counsel asserted that the Defendant’s bicycle as indicated in the judgment of the Defendant was discarded by the directors and disposed of to E with the misleading knowledge that it was sold to them, and thus there was no intention of larceny. However, according to the evidence, the Defendant’s bicycle as indicated in the judgment of the Defendant is recognized as having been aware that it was a thing under the possession of another person, and received money, so the Defendant and the

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

1. A favorable circumstances: The fact that the defendant has no previous convictions in the same kind, the damage is minor, the damage has been recovered, and the defendant pays 20,000 won to the victim for his/her fee for bicycles lost;

1. Unfavorable circumstances: The fact that the criminal defendant appears to be an offense during the period of repeated crimes concerning his/her previous offense who has served imprisonment with prison labor, etc., and other relationship with him/her, such as age, sex, environment, and victim;