A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On September 4, 2012, the Defendant was sentenced to imprisonment with prison labor for two years and three years of suspended execution with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court.

[Criminal Facts]

1. On September 5, 2015, around 15:00, the Defendant discovered one bicycle (MTB27 part) equivalent to 7.60,000 won at the victim C’s market value, which is located in the stairs of the first floor located in Songpa-gu Seoul Metropolitan Government B, and stolen the following:

2. Around 08:00 on September 6, 2015, the Defendant: (a) committed a theft of a bicycle equivalent to 1.5 million won (meata 900KR) at the victim E-owned market value, which is installed in a rail of stairs of the 3rd floor in Songpa-gu Seoul Metropolitan Government D3rd floor (meata 900KR).

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting on occurrence of a disaster;

1. Previous records: Inquiry into criminal records and investigation reports (Attachment to the previous decisions).

1. Habituality of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332 and 329 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (i.e., the confession and reflect of the instant crime; the frequency of the crime was limited to twice, the amount of damage was not much significant; the victims and victims do not want the punishment of the Defendant by mutual consent);