Acquittal of the accused shall be acquitted.

1. Facts charged;

A. Around 14:00 on April 14, 2013, the Defendant, who entered a residence, opened a window above the second floor of the residence where the victim C et al. went out from the 2nd floor, and intrudes on his residence.

B. The Defendant attempted to steal money and valuables by intrusioning through the second floor window of his residence, using the crepans inside and outside of his house, at the same time and place as the preceding paragraph, but the entrance inside the residence was not set off and the intention was not achieved.

2. In a case where a person who habitually commits larceny (hereinafter referred to as habitual larceny) committed an intrusion upon his/her residence as a means of committing the crime, and only one crime of habitual larceny is established and separate crime of habitual larceny is established. In addition, in a case where the criminal who habitually commits the crime of habitual larceny was invaded upon his/her residence for the purpose of habitual larceny, other than the crime, and even in a case where he/she was found to have committed the crime of habitual larceny, he/she does not constitute only one crime of habitual larceny by absorbing it into other habitual larceny, and does not constitute the crime of habitual larceny (see, e.g., Supreme Court en banc Decision 84Do1573, Dec. 26, 1984; Supreme Court Decision 84Do1573, May 28, 2015; Supreme Court Decision 2010Do15715, Aug. 14, 2015; Supreme Court Decision 2015Do1473, May 16, 2015).