A defendant shall be punished by imprisonment with prison labor for up to six months.

However, one year from the date this judgment becomes final and conclusive.

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor, such as: (a) the Defendant attempted to steals goods by intrusion upon another person’s residence through the second floor window at night; and (b) the fact that it is not good to commit an attempted crime; and (c) the Defendant did not comply with summons of the court with knowledge that the criminal trial is in progress due to the instant crime.

However, considering the following factors: (a) the Defendant’s mistake against himself is divided; (b) the Defendant committed an attempted crime; (c) the Defendant did not cause damage to the Defendant; (d) the Defendant gave 1.2 million won and agreed with the victim; and (e) the Defendant is the primary offender; and (e) other factors of sentencing indicated in the pleadings, such as the circumstances leading up to the instant crime; (b) circumstances after the commission of the crime; (c) the Defendant’s age, character and conduct; and (d) other factors of sentencing indicated in the pleadings, the Defendant’

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

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