Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, this judgment is delivered against Defendant A.

Punishment of the crime

[criminal records] Defendant B was sentenced to imprisonment with prison labor for ten months for special assault, etc. at the Seoul Eastern District Court on May 12, 2016, and completed the execution of the sentence at the female prison on December 29, 2016.

[Criminal facts]

1. On August 12, 2017, at around 05:26, the Defendants discovered one bicycle with a liver-ro lux with which the market price on the victim’s name unclaimed box is unknown at the Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, as soon as the victim’s name and unclaimed box is unknown, and tried to steals this.

Defendant

A while viewing Defendant B as a net around, he cut the bicycle locks by using a cut machine that was dried from Defendant B in advance, and brought the bicycle to be towed.

2. On August 12, 2017, at around 05:41, the Defendants discovered a bicycle set of 120,000 won at the market price owned by the victim F before Gwangjin-gu Seoul Special Metropolitan City E, and attempted to steal it.

Defendant

A while viewing Defendant B as a net around, he cut the bicycle locks by using a cut machine that was dried from Defendant B in advance, and brought the bicycle to be towed.

As a result, the defendants stolen the property owned by the victims two times together.

Summary of Evidence

1. The legal statement of the defendant and the witness A

1. The defendant B's partial statement

1. A written statement;

1. CCTV closure photographs and CCTV images;

1. Application of Acts and subordinate statutes to the investigation report (verification of the history of repeated crime);

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

1. Aggravated repeated crime Defendant B: Article 35 of the Criminal Act;

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. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Determination on the assertion of Defendant B and defense counsel under Article 62-2 of the Criminal Act

A. Defendant B merely lent a cutting machine on the ground that Defendant B cuts another steel product, and Defendant B was unaware of the fact that he steals stolen a bicycle, and Defendant B was a bicycle.