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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In a case where a criminal defendant intrudes upon the victim's house, but he was discovered before committing a thiefing act of property, and was arrested by the victim. Thus, even though there was no commencement of thief, the lower court found the criminal defendant guilty of attempted thief by mismisunderstanding the facts, and thus, found the criminal defendant guilty of attempted thief.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant: (a) opened a window of the victim on the second floor of urban gas pipelines and intruded into the house to the inside of the living room; and (b) the victim was in the body of the victim, who was in the small room, and was in the body of the defendant, was in the body of the body of the defendant, and was in the body of the body of the defendant after hearing the body of the body of the defendant and placing clothes.
Therefore, even if the time until the defendant intrudes upon the house of the victim and searches for the existence of a resident during that time, as alleged by the defendant and his defense counsel, it is sufficient time to initiate the physical coloring act, considering the defendant's purpose of intrusion, it cannot be deemed that the court below did not have sufficient time to conduct the physical coloring act, and it is reasonable to recognize the commencement of the larcenying act against the defendant on the ground that the search for the resident's existence and the search for the items to be stolen was conducted at the same time, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.
B. The fact that the defendant continued to commit an act of misconduct or crime even when he/she received several measures from the time when he/she was placed in the court, and that the defendant continued to commit the same kind of act in several times.