A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Power] On December 8, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Changwon District Court on December 8, 201, and completed the execution of the sentence in the Gyeongbuk Vocational Training Prison on February 19, 2013.

【Criminal Facts】

1. Around 12:20 on June 17, 2014, the Defendant violated the victim’s residence by confirming that the house gate was not corrected before the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, and opening a gate and infringing upon the math, etc.

2. The Defendant attempted to larceny, at the same time and place as set forth in paragraph (1), by opening the victim’s marina, kitchen, warehouse, etc., and attempted to steals the victim’s property, but the Defendant did not bring about the victim’s intention on the wind to restrain the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police prepared D;

1. Previous records: Report on internal investigation (related to attachment of results of the search of prisoners), criminal records, inquiry reports on criminal records, application of Acts and subordinate statutes to investigation reports (the same type of suspect and filing of criminal records);

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (influences into residence, choice of imprisonment), Articles 342 and 329 of the Criminal Act (influence of larceny and choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing among concurrent crimes: The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated penalty determined for a crime of larceny with heavier punishment)

1. A repeated crime of the same kind, not falling under an aggravated area (one year and six months to four years) in general property, the scope of recommended punishment according to the sentencing guidelines (the scope of recommended punishment) (the scope of recommendation punishment) of which falls under the aggravated area (one year and six months to four years);

2. Determination of sentence: The fact that the defendant in August has committed the same thief crime even though he had several criminal records of the same kind, and attempted to commit the crime by intrusion upon another person's residence is disadvantageous to the defendant.

However, the defendant.