Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 10, 2017, at around 03:25, the Defendant reported that he was locked with a hacksaw that he was locked at a bicycle storage facility adjacent to the C cafeteria located in Bupyeong-si B, Seocheon-si, with the victim D’s desire to possess a new bicycle, and that he was locked with a hacksaw which was in his possession, with the victim’s mind that the market price cannot be known.

It was discovered to E and did not bring about an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A report of investigation (the currency with victim D);

1. A seizure list;

1. Application of statutes on field photographs;

1. Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment, the defendant tried to steals bicycles by cutting the locked using tools, and the nature of the crime is not good.

However, taking into account the fact that the defendant's mistake and reflects, the fact that the crime is committed against the attempted crime, and the victim does not seem to have been punished, the punishment as ordered shall be determined by taking into account the motive and background of the crime, the means of the crime, the circumstances after the crime, etc., and the various sentencing conditions shown in the theory of records and changes.

The acquittal portion

1. On October 10, 2017, the Defendant: (a) laid down and stolen the locks of the APEX-type bicycle, the market price of which is the victim’s possession, the name of which cannot be known at a bicycle storage facility adjacent to the C cafeteria located in Bupyeong-si B (hereinafter “the instant bicycle”).

2. The defendant and his defense counsel asserts that the bicycle of this case is owned by the defendant.

In this regard, the public health room, ① the witness E has unlocked the bicycle of this case for a long time, so the bicycle of this case is not owned by the defendant.