A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2020. 12. 31. 21:49 경 공주시 B에 있는 C 장례식 장에 있는 자전거 보관소에서, 미리 준비한 절단기로 그곳에 시정된 피해자 D 소유인 시가 400만 원 상당의 검정색 스캇 자전거의 잠금장치를 절단하고 위 자전거를 타고 가 이를 절취하였다.

Summary of Evidence

1. Application of the following Acts and subordinate statutes to the records of seizure of a written statement D in the Defendant’s legal statement, site photographs of the seized list, CCTV closures and seized articles:

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to six years;

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of larceny [the type 2] general larceny [the scope of recommending and recommending punishment], the basic area of punishment [the scope of recommending punishment], six months to one year and six months;

3. Determination of sentence: Determination of sentence, by comprehensively taking into account all the factors of sentencing as shown in the records and trial process of the instant case, including six months of imprisonment, two years of suspended sentence, the age, sex behavior, intelligence and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as ordered.

Unfavorable circumstances: The fact that there are many criminal records of the same kind of punishment, the circumstances that are favorable to the planned crimes: the fact that the errors are recognized and reflected, the fact that the damaged articles have been returned, and the same criminal records have occurred before 15 years.