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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 31, 2018, the Defendant: (a) at the bicycle storage stand of a public parking lot adjacent to the Si Council No. 178-ro 178-gil 22, Seocheon-si, Seocheon-si, 16:00 on December 16, 2018; (b) at the victim’s name, the Defendant discovered and left one bicycle with verification color equivalent to KRW 250,00 in the market price, which was owned by the victim; and (c) at that time, stolen property worth KRW 1,44,000 in total of the market price owned by the victims nine times from January 31, 2019, as stated in the list of crimes committed in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to B, C, D, and E;
1. Statement of damage from F and G;
1. Each protocol of seizure and each list of seizure;
1. Application of the Acts and subordinate statutes to photographs of each CCTV image, each damaged article discovered in the H building, photographs of seized articles, photographs of stolen articles, photographs of H building, and photographs of photographing a bicycle storage unit of the H building;
1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;
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. Probation and community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 333(1) of the Criminal Procedure Act is that the defendant committed the crime of the same kind repeatedly in spite of the fact that he/she had been punished several times for the same kind of crime.
However, the following factors are considered as favorable to the defendant: (a) the defendant recognized the crime of this case; (b) there is no same punishment force exceeding a fine since 1992; (c) the defendant does not seem to have committed the crime of this case in order to gain monetary benefits; and (d) the seizure of the 7 prices of the stolen bicycle, which has been returned or appears to have been returned to the victims, etc.; and (c) other various sentencing factors indicated in the records and arguments of this case, including the defendant’s age, environment, character and conduct, motive and means of the crime, and circumstances after the crime.