A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On February 27, 2017, in order to raise living expenses from the upper point of "C," located in Bocheon-si B around 03:10 on February 27, 2017, in order to capture things, the Defendant: (a) opened two strings of the crime prevention window installed at the window in order to cut off the things; (b) destroyed and damaged the body of the Defendant by cutting out 2 strings of the crime prevention window installed at the window; and (c) arrested the police officer dispatched while the body of the Defendant was unable to intrude into the above upper point, and failed to bring the intention into action.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Articles 342, 331 (1), and 330 of the Criminal Act concerning the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommending punishment] 4 types of special mitigation area (the period from April to June of imprisonment) [the special mitigation person] - When a person has intruded into a place other than a living type, an indoor residential space, the amount of punishment not to be imposed - the amount of aggravated punishment - intrusion into a structure at night (the decision of sentence] below the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, the circumstances of the instant crime, and the circumstances of all the sentencing as shown in the records shall be determined as the order.

The circumstances that are favorable to the majority of the punishment records (including the records of juvenile protective disposition) due to the same crime: The fact that one's wrong and reflects his or her wrong, the fact that the attempted crime of this case is minor and substantial damage is minor, the victim does not want the punishment against the defendant, the fact that it seems that the crime was committed in terms of maintaining livelihood due to the poor growth environment, and there is no record of punishment exceeding the fine.