A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 28, 2016, the Defendant embezzled one bicycle who left the possession of the victim by loading it on his/her own vehicle and then embezzled one bicycle who left the possession by loading it on his/her own, on the unclaimed road (hereinafter referred to as the “victim”).

2. On October 3, 2016, the Defendant, who attempted to larceny at night, was in the residence of the victim E, who is a multi-household housing in Gangwon-si, Gangwon-si, Gangwon-do, C, and D around October 3, 2016, and went to the third floor rooftop of the said house through the entrance door, which was not corrected in mind that he would bring clothes, etc. to the rapid line on the rooftop, but did not go to such intent, but did not go to such an attempt.

Accordingly, the defendant had invaded upon another person's residence at night and attempted to steals property, but failed to bring about such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 (a person who attempts to larceny residence at night) of the Criminal Act, and Article 360 (1) of the Criminal Act (a person who commits an act of embezzlement of deserted articles in possession, and choice of imprisonment with prison labor);

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 reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant intrudes another person’s residence at night and steals an object and steals a bicycle left alone on the way, and thus, the criminal liability is not somewhat weak.

However, the damage caused by the crime is minor, the theft crime was committed, and there is no record of criminal punishment against the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.