A defendant shall be punished by imprisonment for not less than three months.

One bicycle seized (No. 1) shall be returned to the injured party's name.

Punishment of the crime

On July 24, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor for habitual special larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) on July 18, 2017, and the execution of the sentence was terminated at the Chungcheong District Court on July 18, 2017. On August 14, 2018, the Defendant appealed from the Seoul Northern District Court for eight months of imprisonment with prison labor for larceny, etc. and is still pending in the appellate trial.

1. In around 04:00 on May 27, 2018, the Defendant, at the session of Dongdaemun-gu in Seoul, found one cell phone at the market price equivalent to 500,000 won that the victim B lost, but did not follow necessary procedures, such as returning the victim to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On June 15, 2018, the Defendant: (a) around 02:00, the Defendant carried one bicycle, a victim’s name in front of the exit 2 Dobong-ro 170-gil, Dobong-gu, Dobong-gu, Seoul, with the victim’s name and influence in front of the exit 170-gil 2 Dobong-gu.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Protocols of seizure, list of seizure, and photographs of damaged articles;

1. References to inquiries, such as criminal history, reports on investigation (verification of crimes during the period of repeated crime), and application of Acts and subordinate statutes on the acceptance status of individuals;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 360 (1) of the Criminal Act (the occupation of embezzlement of deserted articles in possession) concerning criminal facts, and the choice of imprisonment, respectively;

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 reason for sentencing of Article 333(1) of the Return Criminal Procedure Act was that the Defendant was punished for the same kind of crime, and that the Defendant committed a repeated crime period.

However, the circumstances that the defendant recognized the crime, the cell phone of the damaged mobile phone was returned, the case where the sentence was already sentenced, the motive and background, the method and result of the crime, the situation after the crime, the age of the defendant, the environment, and the relation of criminal records, etc.