A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal history] On April 18, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for night intrusion, larceny, etc. at night at the Busan District Court and completed the execution of the sentence on November 10, 2013.

[Criminal facts] 2016 Highest 7184

1. On August 3, 2016, around 01:52, the Defendant: (a) opened a gate in front of the body of the victim D located in Busan Northern-gu, Busan; (b) opened and entered a gate that has not been corrected by means of theft; and (c) found a stolen object into the room of the victim who was not corrected by the 2nd floor of the 2nd floor with the stairs; and (d) discovered a stolen object and discovered it to the victim who returned home.

Accordingly, the defendant invadedd another person's residence and tried to steals property, but did not commit an attempted crime.

"2016 Highest 7914"

2. At night, around 02:55 on December 5, 2016, the Defendant entered a gate opened in the victim F’s house located in Busan Landong-gu, Busan, and intruded to the inner room through the entrance door that was not corrected, and the Defendant had one handphone in an amount equivalent to KRW 100,000, market price of KRW 150,000, and one handphone in an amount of KRW 10,000, market price of which includes one resident registration certificate.

Accordingly, the defendant abused the victim's residence at night, and stolen the property worth 260,000 won in total.

Summary of Evidence

"2016 Highest 7184"

1. Statement by the defendant in court;

1. Statement made by the police with D "2016 Seniors 7914";

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes concerning photographs and field photographs of damaged articles;

1. Relevant Articles 342, 330 (a person who attempts to larceny residence at night) and 330 (a person who steals residence at night) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (limited to the attempts to larceny residence at night);

1. The first sentence of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are one of the reasons for sentencing (an attempted larceny at night).