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

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to six months of imprisonment for attempted larceny at the Jeonju District Court, and completed the execution of the said punishment on September 28, 2013.

At around 13:20 on May 26, 2015, the Defendant and C entered the gate, which was written in the idea of theft of property, to enter the house of the victim’s name in Ulsan-gu, Ulsan-gu, and then, the Defendant reported the network from the stairs connected to the second floor, and C attempted to enter the victim F of the victim F in Ulsan-gu, Ulsan-gu, and then enter the front door, which was prepared in advance before the front door of the entrance, into the house, and tried to open the window by putting the Raber, which was prepared in advance, into the front door of the entrance, but attempted to open the window by putting the Raber in the space of the living room. However, the Defendant was discovered to the victim F who was inside the house and escaped.

Accordingly, the defendants jointly invaded the victims' residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report and on-site photographs;

1. Previous convictions in judgment: Application of an inquiry report and investigation report (Attachment to the current status of personal identification and expropriation) Acts and subordinate statutes;

1. Article 2 (2) and (1) of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, the choice of imprisonment with prison labor, and the selection of punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the Defendant has already been punished six times due to larceny, etc. (in the case of being sentenced to imprisonment with prison labor), even though he/she is in the period of repeated crime (in the case of being sentenced to imprisonment with prison labor), it is inevitable to punish the Defendant with prison labor in light of the following:

However, it does not reach a theft, and the result of the crime is not much important because it does not enter the house inside the house, and does not focus on the result of the crime, and the victim is not subject to punishment by agreement with the victim, and is against the victim.