A defendant shall be punished by imprisonment for six months.

Seized evidence shall be confiscated from the accused as provided for in subparagraphs 1 and 2 above.

Punishment of the crime

【Criminal Records】 On May 27, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment for larceny at the Daegu District Court for the same year.

6. 4. A person who became final and conclusive on April 28, 201 and was subject to a summary order of 700,000 won of a fine for larceny at the Daegu District Court on April 28, 201, and was subject to a summary order of 700,000 won of a fine for larceny on September 3, 2012, and was subject to a summary order of 700,000 won of a fine for larceny on September 3, 2012.

【 범죄사실】 피고인은 상습으로, 2016. 9. 7. 11:00 경 대구 달서구 월 배로에 있는 대구 지하철 1호 선 진천 역 3번 출구 앞 자전거 보관 대에서, 그 곳에 세워 진 피해자 C 소유인 시가 20만원 상당의 ‘MTB 렝 글러’ 자전거 1대를 미리 소지하고 있던 절단기로 잠금장치를 절단한 후 몰래 타고 간 것을 비롯하여, 그 때부터 같은 해 12. 25. 경까지 사이에 별지 범죄 일람표 기재와 같이 총 5회에 걸쳐 시가 합계 238만원 상당의 자전거를 몰래 타고 가는 방법으로 상습으로 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each statement of C, D, E, F, and G;

1. Police seizure records;

1. Each report, investigation report, and internal investigation report;

1. Previous convictions in judgment: Inquiry about criminal history, response to investigation reports (examination of the same kind of force);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (with regard to habitual larceny and, collectively, selection of imprisonment with prison labor);

1. Reasons for sentencing of Article 48(1) of the Confiscation Criminal Act [the scope of recommending punishment] - Types 2 (General thief) for general property (10 to 3 years) for special aggravation area (10 to 3 years) - Special aggravation area (10 to 4 years), and repeated commission of crimes using special veterinary methods, tools or organizations.