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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 23, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny at the Seoul Eastern District Court on February 29, 2016 and the parole period passed on May 2, 2016.
On August 14, 2017, around 09:56, the Defendant discovered two bicycles installed adjacent to B 1st floor stairs at 09:56, and decided to steal them together with C, the Defendant: (a) led one bicycle equal to KRW 350,000 at the victim D’s market price; (b) led one bicycle equal to KRW 400,000 at the victim E-owned market price.
Accordingly, the defendant stolen the property owned by the victims together with C.
Summary of Evidence
1. Statement by the defendant in court;
1. The suspect examination report prepared by the police officer concerned with C;
1. Each written statement of E and D preparation;
1. CCTV images;
1. Previous convictions in judgment: Application of a reply to inquiry, copy of the judgment and the current status of personal expropriation, such as criminal history;
1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
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. The reasons for sentencing Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstances for sentencing) of the Act on the Reduction of Small Amount of Punishment - All the accused facts constituting a crime. - Upon agreement with the victims, the victims do not have any further punishment. - Unfavorable circumstances - Defendant has the record of having been punished more than fines for the same kind of crime. - The Defendant again prevents the Defendant from committing a second offense even during the period of repeated crimes. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process in each of the above circumstances.