A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On October 31, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. by the District Court of the Republic of Korea, and on May 27, 2015, the Defendant completed the execution of the sentence.

[Criminal facts]

1. On February 1, 2016, around 11:03, the Defendant discovered bicycles being lockedd with air conditioners installed outside the air conditioners, cut the lockeds, which were possessed for water collection, and cut the lockeds, and then loaded one bicycle set of the amount of KRW 500,000 at the victim E’s market price on water collection.

2. On February 6, 2016, the Defendant: (a) committed a theft by taking advantage of the gap in which there is no person who would be any damage to the victim F’s market value equivalent to KRW 150,000,000 in the victim F, which was set up in the said place without locking devices, at 3 times the 119-gil, which was possible at the time of the government city around 10:00,00; (b) 150,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Police seizure records;

1. E statements;

1. Investigation reports (the details of discovery of damaged articles) and investigation reports (the statement of a reference witness);

1. Other on-site photographs and CCTV closure photographs;

1. Previous convictions in the judgment: In response to inquiries, investigation report (prior convictions for repeated crimes), text of the judgment, status of acceptance [the defendant and his defense counsel], as stated in the judgment of the court below, brought one fingers (hereinafter “the instant fingers”) as stated in paragraph (2) of the crime committed by the defendant. However, this asserts that the defendant was aware of the same fingers as that which he borrowed from H before the towing, and that it would not intentionally bring about the instant fingers to be stolen.

In light of the following circumstances acknowledged by the evidence of each judgment, the Defendant asserted that the instant fingers were brought to the Prosecutor’s Office with the same fingers as the fingers that he borrowed from H, and that the instant fingers were brought to H.