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Defendants shall be punished by imprisonment for eight months.
However, the Defendants are above two years from the date of the final judgment.
Reasons
Punishment of the crime
On December 4, 2016, around 05:38, at around 05:38, the Defendants: (a) committed a theft of the victim’s property by combining the Defendants with the Defendant by removing a locking device and leading the bicycle in a way that: (b) the victim C corrected one bicycle of KRW 100,000 at the market price owned by the victim around December 3, 2016 as a locking device around December 3, 2016.
Summary of Evidence
1. The legal statement of Defendant A and some of Defendant B’s legal statement
1. C’s statement;
1. On-site photographs and CCTV images to captures (Defendant B did not have the intention of theft) and seizure records;
However, Defendant B’s assertion is without merit, as long as the Defendants cancelled the locking device installed by them and carried bicycles with them.
Application of Statutes
1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act
1. Defendants to be mitigated from small amount: Articles 53 and 55(1)3 of the Criminal Act ( considered favorable circumstances among the grounds for sentencing);
1. The Defendants subject to suspended execution: (a) the reasons for sentencing under Article 62(1) of the Criminal Act include the following: (b) the Defendant A has a very wide history of criminal punishment for the same kind of crime; and (c) Defendant B also has the record of criminal punishment for the same crime; (d) the Defendants are against the Defendants; (e) the Defendants do not have significant damage from the instant crime; and (e) the victims do not want the Defendants’ punishment; and (e) the victims do not want the Defendants’ age, sexual behavior, motive for the instant crime, etc.; and (e) the sentence is determined as ordered in light