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

[2015 Highest 4667] around 15:00 on October 21, 2015, the Defendant stolen a large amount of 300,000 won of the market price of the victim C (37 years of age, South) who was corrected in the Dong-ro 211 bicycle storage unit, Hancheon-ro, Gangnam-gu, Seoul, Seoul, 105-ro, 24 times, and the bicycle storage unit, which was owned by the victim C (37 years of age, South).

[2016 Highest 1735]

1. A thief: (a) around 13:00 on April 11, 2016, the Defendant carried 20 km amounting to 20 km, such as the market price in which the Victim E was kept in his/her custody in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the defendant stolen the victim's property.

2. On April 26, 2016, the Defendant attempted to larceny, at around 13:20, in G redevelopment area located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. Around around 13:20, the Defendant: (a) opened a alinium (1m, 2m vertical length) of “F” housing within the redevelopment area managed by the victim H with one alinium (2m) in which the victim H and failed to open the redevelopment area, and did not commit an attempted crime.

Accordingly, the defendant attempted to steal the victim's property.

Summary of Evidence

[2015 Highest 4667]

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (a photograph, etc. of thief products) (2016 high class 1735);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act (the point of larceny), Articles 342 and 329 of the Criminal Act (the point of attempted larceny) and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to nine years;

2. A crime 1 [the scope of recommended punishment] under Article 1 of the Sentencing (the scope of punishment shall be based only on the lowest limit of the sentencing range on the recommendation, because the sentencing guidelines are not applicable to the attempted larceny) according to the sentencing guidelines, and the mitigated area (4 months to 10 months) of the mitigated area (the person who is specially mitigated) (the person who is specially mitigated).