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

Punishment of the crime

1. On August 1, 2014, the Defendant: (a) around 23:00, and around 23:00, opened a first floor door and entered the second floor, and opened a unconstitutional box going up to the second floor to be a distribution for second floor through stairs; and (b) stolen the cash amounting to KRW 100,000 in it.

2. On August 21, 2014, the Defendant attempted to larceny at night buildings, and opened the entrance door of the first floor and entered the said door, and subsequently, attempted to steal cash in a unconstitutional way as described in paragraph (1), but did not make cash payments, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to photographs (fields of theft incidents and CCTV in shooting criminals);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a crime of larceny of a structure at night), Articles 330 (a crime of larceny of a structure at night), 342, and 330 (a crime of attempted entry into a structure at night);

1. From among concurrent offenders, the period of imprisonment shall be determined for eight months by taking into account the following two circumstances: (a) the person who has been subject to punishment twice for the same kind of punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) the person who has committed a second offense during the period of suspension of execution due to the same kind of punishment; (c) the amount of damage was not the maximum amount but has not been recovered; and (d) the victim’s failure to recover from the injury; (d) the person who intrudes into a place other than the indoor residential space; and (e) the person whose sentence becomes final and conclusive