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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
On September 29, 2017, the Defendant had been sentenced to a two-year suspended sentence in August 11 of the same year in the Daejeon District Court's Gongju Branch 2017 Highest 167 Highest thief, etc. on September 29, 2017, and the said judgment became final and conclusive on October 4 of the same year, and the suspended sentence was revoked on June 4, 2018.
Punishment of the crime
1. On July 23, 2016, Defendant, C, and D discovered one bicycle set of the Victim F bicycle owned by the Victim F, and one bicycle set of the amount equivalent to KRW 30,000 in the market price, which was set up without correcting the roads adjacent to the Daejeon Dong-gu, Daejeon around July 23, 2016.
Accordingly, the Defendant, C, and D drinked each of the above bicycles, and confirmed that there is no person to see around them, and C gets a bicycle owned by the victim F, and D gets a bicycle, and D gets a bicycle owned by the victim G, and the Defendant got a bicycle and followed C and D as above.
Accordingly, the defendant, together with C and D, stolen the victims' property.
2. On September 22, 2016, the Defendant solely committed the Defendant’s criminal act, called the victim I’s J 206, Daejeon Jung-gu, Daejeon, Daejeon, which called the victim I’s J 206.
However, since the defendant did not have certain occupation and income and did not have sufficient living expenses, even if he was able to pay the price, he did not have the intent and ability to pay it.
The Defendant received from the injured party a delivery of 36,000 won in the market price on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. A written statement of F and G;
1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;
1. Relevant legal provisions of the Criminal Act, Article 331(2) and (1) of the Criminal Act (joint larceny) concerning facts constituting an offense, and Article 347(1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Code, and Article 38.