A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 3, 2017, at around 00:29, the Defendant went to the house of the victim D, the victim D, located in the Nam-gu Seoul Metropolitan City C Borrowing B, Daegu Metropolitan City, and then intrudes into the front door with another electronic locking device by hand and then intrudes into the front door through stairs, thereby printing the object to be stolen on the rooftop through stairs. However, the Defendant did not have any object to be stolen at that place, and thus, attempted to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes on the screen of CDs on the face of a crime, and the output of video recording on the face of a crime scene;

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

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

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the reason for sentencing under Article 62-2 of the Social Service Order Act, which invaded upon another person’s residence and attempted to steals at night; (b) the nature of the offense is inferior; (c) the Defendant’s reflects and is a primary offender; (d) the offense is committed against the attempted offense; and (e) the Defendant’s age, sex, environment, motive and circumstances after the commission of the offense;