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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 21, 2014, the Defendant was sentenced to four months in Seoul Eastern District Court for the attempt of larceny at night, and completed the execution of the sentence at the Sungdong detention center on September 18, 2014.
1. On December 11, 2016, the Defendant, who attempted to larceny at night, intruded into a living room through an open boiler window with an intention to steals the object from the victim D, located in the house of the victim D, Dalle C, 102 Dongra 102 Dong 102 on December 11, 2016, but was in a room.
The intention was not to escape from E's wind, and the intention was not achieved.
Accordingly, the defendant invadeds on residence at night and stolen property, but he attempted to do so.
2. At night, around December 14, 2016, the indictment only states that the date of the crime was around December 2016. However, according to evidence, since it is apparent that the date of crime was December 14, 201 and the Defendant was also recognized, since there is no disadvantage to the Defendant’s exercise of his/her right to defense, the indictment is added ex officio.
19:00 In the house of the victim G located in F at around the 19:00 paking into the door through the window that was not corrected beyond the fence, and then thefted with cash of 30,000 won within the part of the victim on the floor of the place.
Accordingly, the defendant invadeds on residence at night and stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Before the judgment of the court in writing No. D and G 1. A written statement: The application of a reply to inquiries, such as criminal history, investigation report (the judgment and report attached to the current status of acceptance by each individual);
1. Relevant Articles 342, 330 (a person who attempts to larceny residence at night) and 330 (a person who steals residence at night) of the Criminal Act concerning the crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. The scope of punishment by law: Imprisonment for not more than 15 years;
2. Since the sentencing criteria are not applicable to the convicts who are not subject to the sentencing criteria, it is limited to night intrusion larceny to which the sentencing criteria apply.