A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 23, 2019, at around 03:28, the Defendant: (a) dismantled bicycle rooms in front of “C” located in Gwangjin-gu Seoul Special Metropolitan City; (b) dismantled one bicycle locks with the victim’s market price of KRW 200,000,000, which is the victim’s possession, installed with locks; and (c) stolen the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. 112Report photographs, internal reports (CCTV analysis - On-site CCTV verification), investigation reports (CCTV analysis - track tracking of suspect vessels);

1. Application of seizure records and investigation reports (related to verification as to whether a suspect has used a cutting machine at the time of theft of damaged articles) Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to six years of imprisonment;

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

3. Determination of sentence: Imprisonment with prison labor for six months, one year after the suspension of execution of one year and two hundred6, three times the criminal records of punishment for the same crime and multiple records of punishment for the same crime exist; the crime of this case is a case of theft of bicycles kept on the street by the defendant using a cutting machine, and it cannot be deemed that the crime of this case is light in light of the method of crime; Provided, That the extent of actual damage is not substantial and damaged goods are recovered; the defendant is old and healthy; and all kinds of sentencing conditions, such as the character and conduct of the defendant, environment, motive for the crime, and circumstances after the crime, etc. in this case’s records and arguments, shall be determined as the same as the order.