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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On October 2012, at around 14:00, the Defendant: (a) opened a gate in the victim C’s house located in Gumi-si, Gumi-si; and (b) intruded into a gate, which was not corrected; and (c) stolen, with 1,30,000 won or less at the market price of the victim’s possession outside the gate, which was the victim’s possession.

2. At night, around 20:00 on December 15, 2012, the Defendant: (a) intruded into the said C’s house by the said method; and (b) stolen the said C’s friendly job offering victim D with a prox 100,000 square meter in an amount equivalent to the market price of KRW 100,000,000.

3. On January 12, 2013, the Defendant attempted to larceny at night, but did not find any scambling that would be stolen by intrusion upon the house of the above C in the same manner as that of the said house.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on occurrence of a theft;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act (the points of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act (the points of attempted larceny at night) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the punishment as set forth in the disposition shall be imposed in consideration of all the circumstances, including the following: (a) the victim’s agreement with the victim and the victim does not want the punishment; (b) the victim returned damaged articles; (c) the victim does not have the same criminal records; and (d) the victim has no criminal records beyond the suspension of execution or higher; and (e) the victim reflects the same type of criminal records.