Text
1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;
3...
Reasons
Punishment of the crime
The defendant had infringed on the dwelling of an empty house during a low time due to lack of living conditions due to his/her absence of a fixed dwelling and occupation, and thought that he/she steals another's property.
On July 24, 2013, the Defendant: (a) around 11:05, at the house of the victim D (the age of 49) located on the second floor of Eunpyeong-gu Seoul, Seoul, for the purpose of confirming that the house is in secret, the Defendant had divided the first race into 7-8 occasions; (b) had the intention to steal the property by entering the door inside the 7-eights; and (c) had the front section (the name “one-person key”) put the front section into the seat of the entrance at the entrance of the entrance at the entrance; (d) had the locking device returned to both directions; and (d) had the victim opened the lock door, and attempted to intrude into the dwelling, and failed to complete the agreement.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Relevant Article 322 of the Criminal Act and Articles 319 (1) of the Criminal Act concerning the crime, the choice of punishment, and imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the injured party is willing to live in good faith and not punishable, reflect, the family environment of the accused, and the fact that such act is committed to attempted crimes);
1. Community service order and probation under Article 62-2 of the Criminal Act;