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

Punishment of the crime

【Criminal Power】 On September 11, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at Jeju District Court on September 11, 2012, and the execution of the sentence was terminated in Jeju Prison on April 7, 2013.

【Criminal Facts】

1. On May 31, 2014, at around 14:10, the Defendant: (a) went into the victim D’s residence located in Jeju-si, with the intent to steal property; (b) opened the back of the building of the victim’s residence; and (c) intruded the victim’s residence by entering the inside of the floor through opening the closed door of the building of the victim’s residence that was not corrected.

2. The Defendant attempted to larceny, at the above date, at the above time and place, was invaded upon the victim’s residence, and was committed with the wind, which was discovered by the mathing of the stolen object, following opening the inside breath, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each related photograph;

1. Criminal records before and after judgment: Application of criminal records, inquiry reports, and criminal investigation reports (reports, such as confirmation of the expiration of the term of punishment for a suspect A Jeju Correctional Institution, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act (the points of intrusion upon residence), Articles 342 and 329 of the Criminal Act (the points of attempted larceny) and the choice of imprisonment with prison labor;

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

1. From among concurrent crimes, there are several records of criminal punishment due to the same type of repeated crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, theft and intrusion upon residence. The thief of this case is about attempted crimes, and other factors such as motive for the crime of this case, the age and character of the defendant are considered.