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

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Busan District Court on November 26, 2015, and on November 12, 2016, the Defendant was a person with the same criminal records and 15 times more than the end of the enforcement of the sentence.

On December 25, 2016, around 06:26, the Defendant opened a entrance that was not corrected by the Defendant’s think of theft of money and valuables from the victim D’s residence located in the Busan Franchi-gu C Public Notice around 2016, and intruded, and did not reach the intent with the wind that was discovered by the victim while he was following the wall garris, which was the victim’s possession.

Accordingly, the defendant tried to steals property by intrusion upon the victim's residence at night, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (a report confirming the time of sunrise);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and criminal investigation report (the confirmation date of the date of release);

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. The crime of this case on the ground of sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act is committed by the defendant who had the same criminal record and attempted to steal the victim's residence during the period of repeated crime. The crime of this case is a bad crime.

However, the sentencing conditions of the defendant's age, health, occupation, sex behavior, family relationship, and circumstances before and after the crime is against the defendant, and the damage did not occur since the crime of this case was committed to the attempted crime, and the punishment like the order shall be determined by comprehensively taking into account the following factors: