The sentence of punishment against the Defendants shall be suspended.

Punishment of the crime

On May 9, 2017, at around 04:00, the Defendants conspired to steal a bicycle not covered by locks among bicycles stored in the apartment bicycle storage unit, “FF,” which was located in Nowon-gu in Seoul Special Metropolitan City, for set-off 82-14, at the first-ro 1:5,000, and then the Defendants stolen a bicycle with one ton of the victim FF market value of approximately KRW 100,000,000, the victim Party B used one ton of the bicycle, and the Defendant C used a test color column of approximately KRW 1.50,000,000 at the victim H market value of KRW 1,50,000,000, with one ton of the bicycle.

Accordingly, the Defendants, together, stolen three bicycles equivalent to the total market value of 350,000 won.

Summary of Evidence

1. The legal statements of Defendant A and Defendant B and some of Defendant C’s legal statements

1. Each protocol of seizure, list of seizure and photographs of seized articles;

1. Investigation report (exploration and extraction of on-site CCTV) (Defendant C was merely intended to engage in the joint Defendants and bicycle racing and did not intend to infringe on ownership, and therefore, there was no intention to acquire illegal stocks.

However, according to the above evidence, it is recognized that the defendant had no intention to return the damaged bicycle, so the defendant's above assertion is without merit.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. One year of imprisonment to be suspended;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (the age of the Defendants, the records of the juvenile protective disposition committed by Defendants B and C are still past, but there is no record of criminal punishment; Defendant A has no record of criminal punishment as well as criminal punishment; Defendant A has no record of criminal punishment; Defendant A commits contingent crimes and property damage is not significant; victims do not want to punish Defendants