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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around 18:00 on September 24, 2012, the Defendant: (a) committed a theft, leading up to the low market price of the first bicycle of Seongdong-gu Seoul Seongdong-gu, Seongdong-gu, Seoul, the Defendant, who was not corrected therefrom, was the victim of the name unsound, who was installed without correction.
2. On September 26, 2012, at around 15:10, the Defendant attempted to detect and steal the market price of yellow bicycle, the victim of the yellow bicycle, which is the victim under the name and unlocked, and cut off the cutting locks, and then cut it to cut it to neighboring residents, but failed to do so with the wind that is perceived by neighboring residents.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Police seizure records;
1. Application of documentary evidence photographic Acts and subordinate statutes
1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning criminal facts which are applicable to the choice of punishment. Article 342 and 329 of the Criminal Act.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act on Probation;
1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant had the past penal power to punish the same various methods; (b) the Defendant committed the instant crime at the same time; and (c) the use of tools to cut the lock and attempted to steals the bicycle; and (d) the criminal record relation and the method of commission of the crime.
On the other hand, one of the two crimes is against the defendant, and one of the two crimes is against the defendant's attempt, the amount of damage is not very significant, the nature of living crime is in the nature of living crime, and some of them are considered in the environment, character and conduct of the defendant.
The punishment shall be determined by determining all these circumstances.