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A defendant shall be punished by imprisonment for one year.
Seized evidence 4 to 6 shall be confiscated.
Reasons
Punishment of the crime
[criminal history] On February 10, 2004, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court’s net support, and was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on September 1, 2006, and was sentenced to four years of imprisonment for a crime of violation of the Act at the Busan District Court on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on January 28, 2011, and completed the execution of the sentence at the Daegu District Court on December 6, 2014. In addition, the Defendant was sentenced to four months of imprisonment for a crime of intrusion upon residence at the Seoul Northern District Court on October 12, 2016, and the execution of the sentence was terminated at the Yang prison on February 10, 2016.
[2] On March 24, 2017, at around 20:15, the Defendant: (a) committed a theft of a bicycle amounting to KRW 1,040,00 in total three times in the same manner as indicated in the list of crimes, including (b) holding one bicycle in advance at the victim C’s market price of KRW 150,000,000; (c) cutting the correction device to cut it; and (d) cutting it from that time until April 12, 2017, the Defendant committed a theft of a bicycle amounting to KRW 1,040,000 in total, in the same manner as indicated in the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Written statements of D, C, and E;
1. Seizure records;
1. Each bicycle photograph, each CCTV photograph, each on-site photograph, and each seized material photograph;
1. CCTV images;
1. Investigation report (Confirmation of the details of damage inflicted to the victim C);
1. Previous convictions indicated in the judgment: Requests for inquiry, such as criminal history, reports on investigation (the confirmation of crimes during the period of repeated crimes), and application of Acts and subordinate statutes to report on investigation (the records of the same crime);
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime as prescribed in the corresponding Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act that is disadvantageous to the defendant: the defendant is identical.