A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On March 15, 2016, the Defendant, at around 11:55 on March 15, 2016, stolen the said cash owned by the victim from the above bank, by taking out the said cash from the victim’s possession in the company field of the victim E, located at approximately 50 meters away from “D” located in Kimcheon-si, Kimcheon-si, Kimcheon-si, to the extent that the Defendant carried the bank containing KRW 3.8 million in cash from the company field of the victim E, and carried out the work.

2. On July 7, 2016, the Defendant, around 12:51 on July 7, 2016, went into the house of the victim G located in Kimcheon-si, Kimcheon-si, through an open gate in the house of the victim G in the city of Kimcheon-si, and fleded the stolen money and valuables to the neighbor’s H while following the stroke, television.

Accordingly, the defendant did not commit an attempted crime while intending to steals property by impairing the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Each photograph;

1. An appraisal report and a report on the results of field inspection;

1. Application of Acts and subordinate statutes to investigation reports (in case of failure to prepare a written statement of reporter);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the most severe larceny);

1. From one month to nine years of imprisonment with prison labor within the applicable range of punishment by law; and

2. Application of the sentencing criteria [Determination of types] thief (general larceny) (Scope of recommending punishment] and six months from six months to one year and six months (basic area: Provided, That the sentencing standards are not applicable or have not been established, taking into account the crimes of attempted larceny and the crimes of intrusion upon residence) for general property;

3. The sentence of imprisonment has been sentenced several times for the same kind of crime as the sentence of imprisonment, and this case also commits a crime of probation (ten months of imprisonment and two years of suspended sentence) due to the same crime.

In the case of a partial crime, the residence of another person is invaded.