A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On August 23, 2001, the Defendant was sentenced to one year of imprisonment with prison labor, two years of suspended execution, two years of imprisonment with prison labor for larceny in the Seoul Northern District Court, and six months in the same court on October 11, 2001, eight months of imprisonment with prison labor for night building intrusion larceny in the same court on December 29, 2004; one year of imprisonment with prison labor for night building intrusion larceny in the same court on November 1, 2005; six months of imprisonment with prison labor for night building intrusion larceny in the Seoul Northern District Court on July 15, 2009; on June 18, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Western District Court on November 1, 201 and completed the execution of the sentence from the prison on November 1, 2011.

2. On June 30, 2013, at around 00:30, the Defendant: (a) went to a restaurant operated by the victim D in Jung-gu Seoul Metropolitan Government, with a view to cutting down the cafeteria located in the air conditioning in the restaurant; and (b) went to a door with each item (74cm in length, approximately 7cm in diameter, about 7cm in diameter) of the cafeteria, and went to the door, and escaped from the wind, which is visible to the victim who was diving on the second floor of the restaurant.

The defendant habitually attempted to steal the victim's goods, and did not commit such attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and criminal tools photographs;

1. Previous convictions in judgment: Criminal records, attachment of copies of written judgments, and current status of custody and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331 (1) of the Criminal Act concerning the crime committed;

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

1. Determination of the Defendant’s assertion of Article 53 and Article 55(1)3 of the Criminal Act (i.e., the attempted crime is limited to the attempted crime, and the Defendant reflects the Defendant’s wrongness), the Defendant committed the instant crime under the state of mental or physical disability under the influence of alcohol.