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

Punishment of the crime

[criminal record] On August 9, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daegu District Court’s support, and completed the execution of the sentence on December 14, 2016. ② On May 17, 2017, the Busan District Court sentenced six months of imprisonment with prison labor for larceny, etc., and completed the execution of the sentence on August 5, 2017; ③ on February 9, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for the attempted larceny of night buildings at the Busan District Court, and became final and conclusive on the 20th of the same month.

[Criminal facts] On August 26, 2017, around 16:30, the Defendant: (a) committed a theft of a bicycle, 10,000 won at the victim’s market price, which was set up with locks around the victim D’s residence, with the rear wheels, around 16:30 on August 26, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Previous convictions: Inquiry into criminal history, results of the search of prisoners, details of the case and the application of each of the court rulings, and the accused’s statutory statements;

1. Relevant provisions of the Criminal Act and Article 329 (1) of the Criminal Act concerning the selection of punishment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as stated in Decisions 1, 2, 2, 35);

1. The latter part of Article 37 of the Criminal Code that treats concurrent crimes: Provided, That Article 39(1) of the Criminal Code (the instant larceny and the judgment became final and conclusive) Article 37 of the Criminal Code, the reason for sentencing, and the latter part of Article 37 of the Criminal Code, does not apply to concurrent crimes

There are several records of fines, suspension of execution, and punishment, among which the defendant has been sentenced twice to punishment due to the same type of larceny, the fact that the defendant committed the crime of this case without being aware of the period of repeated crime due to larceny, and that the damage has not been restored is disadvantageous, but the defendant seems to have committed a crime of this case, and the defendant seems to have committed an attitude of recognizing and opposing the fact of the crime, and the crime of concurrent crimes after Article 37 of the Criminal Act has been judged at the same time.