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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal record] On July 28, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for attempted larceny in the Jeonju District Court’s branch court’s branch court’s branch court, and completed the execution of the sentence at a military prison on December 15, 2015.
[2] On May 21, 2017, the Defendant: (a) 02:25 on May 21, 2017, 2017; (b) went into a restaurant of the victim D'E operated in Nam-gu, Nam-gu, Nam-gu, Seoul; and (c) went into a warehouse, and stolen the Defendant, with MTB bicycle equivalent to KRW 8,00,000, at the market price of the victim’s possession.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each photograph;
1. Police seizure records and list of seizure;
1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (a copy of the judgment), and application of Acts and subordinate statutes concerning personal confinement;
1. Article 330 of the Criminal Act concerning the crime;
1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigation area (from August to January 6) of the mitigation area (special mitigation) for general property (special mitigation) / In the case of intrusion at a place other than indoor residential space, there is a record of criminal punishment for the same kind of crime including the punishment [decision of sentence] that is not equivalent to the aggravation of specific crimes (a repeated crime) / The fact that there is a record of criminal punishment for the same crime several times, including the punishment, recidivism during the period of repeated crime due to the same crime; (b) the fact that the repeated crime is committed during the same crime; and (c) damage is returned to the victim; and (d) the punishment is determined as ordered in consideration of the various sentencing conditions indicated in the procedure of the instant case