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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 27, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Northern District Court and three years of suspended execution, and the judgment became final and conclusive on October 11, 2017.

【Criminal Facts】

On September 15, 2013, around 23:06, the Defendant: (a) opened a password that was already known to the victim D, who is a sub-member of the Seoul Gwangjin-gu Seoul Special Metropolitan City, by using the cresh in which he was temporarily located and opened, followed the door door to the church office to search for the goods to be stolen; (b) but (c) went away by the victim, who was protruding back the math patrol and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Application of criminal records and investigation reports (Attachment to final and conclusive judgments) and Acts and subordinate statutes;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Imprisonment with prison labor for not more than ten years;

2. Determination of sentence [Incompetence] of the crime of larceny committed several times, but the crime of this case was committed, and the liability for the crime of this case is not minor.

【Plue circumstances】 Recognizing the instant crime, he/she reflects his/her mistake.

The crime of this case was committed in the attempted crime, and the victim expressed his intention that he does not want the punishment of the defendant at an investigation agency.

Since the crime of this case is in the relation of larceny of the first head of the judgment that became final and conclusive and concurrent crimes under the latter part of Article 37 of the Criminal Act, the equity should be taken into account in the case of concurrent judgment.

In addition, comprehensively taking into account the following factors, such as the age, character and conduct, environment, background of the crime, and circumstances after the crime, the sentence shall be determined as ordered and the execution thereof shall be suspended.