A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a victim CD employee (state) of the Silsan-dong-gu B 105, Manyang-si.

1. On December 27, 2016, the Defendant attempted to larceny at night buildings, and the Defendant attempted to open and intrude into the sides of the glass entrance in order to steal the mobile phones kept therein at around 03:00, the mobile phone store operated by the said victim. However, the Defendant failed to do so at the wind operated by the alarm system.

2. On December 29, 2016, around 01:40 on December 29, 2016, the Defendant stolen ten mobile phones (i.e., 11,528GB W 7128GB, B2, JB5, and G2) of the market price owned by the victim, which was kept in custody by opening a static glass door and exposing the inside by using the previously prepared key.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Relevant Articles 342, 330 (a person who attempts to larceny at night) and 330 of the Criminal Act concerning criminal facts (a person who intrudes upon a building in the night).

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

1. The method and contents of the instant crime for sentencing under Article 62(1) of the Criminal Act, the amount of damage, and the relationship between the Defendant and the victim, etc., are not such as the nature of each of the instant crimes.

However, there is no criminal record against the defendant, and there is no same kind of criminal record.

As the defendant recovers from damage and agree with the victim, the injured person does not want the punishment of the defendant.

In addition, the defendant's age, sex, environment, family relationship, motive for committing a crime, circumstances after committing a crime, and all of the sentencing conditions identified in the records of this case and the trial shall be determined as ordered in consideration of the overall sentencing conditions.