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

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for attempted larceny, etc. at the Suwon District Court, which became final and conclusive on February 17, 2012, and completed the execution of the sentence in the North Korean Prison I, which became final and conclusive on June 4, 2012.

1. At night, on March 23, 2013, the Defendant: (a) opened and intruded the Ekatta operated by the victim D in the wife population C, which had not been corrected later; and (b) stolen the victim’s low-water tank owned by the victim on a small bank, and the cash tank in which it was located in the lower bank, with approximately KRW 50,00,000.

2. At night, on March 16, 2013, the Defendant: (a) opened and intruded into a H restaurant operated by the victim G from the wife population F at Permitted-si on March 16, 2013; and (b) did not steal any property in light of the emergency bell, which was found at the Kacter, and did not commit an attempted theft.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and D;

1. Answers based on CCTV photographs and fingerprints assessment results at crime scene;

1. Previous convictions in judgment: Inquiries into inquiry reports, investigation reports (Attachment of written judgments), and application of Acts and subordinate statutes concerning investigation reports (verification of the expiration of the term of punishment);

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a point of night larceny), Articles 342 and 330 of the Criminal Act (a point of night larceny) and choice of imprisonment with labor;

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act can have the same record, and the defendant again commits each of the crimes of this case during the period of repeated crimes after the execution of imprisonment for the same kind of crime has been completed. Therefore, the sentence of imprisonment is inevitable.

However, in determining the sentencing, the punishment was determined in consideration of all favorable circumstances for the defendant, such as the fact that the amount of damage is relatively minor and the attempted crime is committed.