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

The proceeds of sale under subparagraph 1 of the seized certificate shall be granted to the victim's name in an influence.

Punishment of the crime

[Criminal record] On December 10, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny at the Incheon District Court, and completed the execution of the sentence on October 28, 2017.

[Criminal facts] On December 7, 2017, the Defendant: (a) stolen the Defendant’s Defendant’s Defendant’s 1, 15,000 bicycle riding 1, which was the victim’s name unclaimed winner’s market price, which is equivalent to KRW 35,00,00, not equipped with a correction device at the 43 bicycle storage facility located in Bupyeong-si, Seocheon-si, 201.

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Notification of the results of a public auction of seized goods;

1. Photographs of damaged articles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of each investigation report (A), and Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Articles 333(2) and 333(1)1 of the Criminal Procedure Act committed against the victim;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general property, which does not fall under the aggravated area (six months to one year) (special aggravation) of specific crimes (special aggravation) for the larceny area of general property; the same type of repeated crime not falling under the aggravated area of specific crimes;

2. The fact that the Defendant had been punished several times for the same kind of crime, the fact that the Defendant was a criminal during the period of repeated crime is disadvantageous to the Defendant, the fact that the Defendant was committed with respect to the crime, the fact that the damaged goods were seized, and the value of the damaged goods was not significant, etc. are favorable to the Defendant.

In full view of all the sentencing conditions as shown in the records and arguments of the instant case, including the fact that a person is indicted and sentenced to punishment separate from other crimes of the same kind as above, the sentencing criteria shall be exceeded, and the punishment shall be determined as ordered by law within the scope of the sentencing guidelines.