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

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

Punishment of the crime

The defendant, entering the apartment house around the Dong, did not correct the entrance door and the window, and had a mind to steal other's property.

On July 8, 2017, around 04:25, the Defendant confirmed that the windows on the corridor should be installed in front of the Seo-gu Daejeon apartment site 3 XX, Seo-gu, Daejeon at around 04:25, the Defendant left the hallway and laid down on the lower floor of the apartment corridor. On the other hand, the Defendant followed the said fire extinguisher and went outside the window, and intruded the said apartment of the victim C (31 tax) and sought to recover stolen objects, but the walked down down on the window, and opened the door door and escaped.

Accordingly, the defendant did not commit an attempted crime, even though he tried to steals property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Each CCTV image photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure: (b) the Defendant’s liability for the crime is unreasonable in light of the applicable law and content of the instant crime; and (c) the fact that the damage has not been properly recovered; (b) the Defendant’s confession is against the Defendant; and (c) the Defendant has no criminal record, etc.,