A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

[criminal power] On June 10, 2020, the Defendant was sentenced to imprisonment with prison labor for one year and two months in the Daejeon District Court for night, intrusion upon residence, larceny, etc., and the judgment became final and conclusive on June 16, 2020.

【Criminal Facts】

At around 01:00 on September 11, 2019, the Defendant discovered that the house of the victim C, located in the same Gun B and the second floor, carried the house, stolen the things, and opened a living room window that was not opened up to the second floor through the stairs of the above building, carried it into the living room of the above house with stolen things, and escaped through the above window of the victim's family under consideration of the sound, and vice versa.

Accordingly, the defendant did not commit an attempted crime by intrusion upon the victim's residence at night, but did not commit a theft of property.

Summary of Evidence

1. On-site photographs of the written statement C of the defendant;

1. Previous records of judgment: The results of inquiry and the application of statutes governing judgment;

1. Article 342 of the Criminal Act and Articles 330 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. The reason for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act, even though there were criminal records of the same kind of punishment, the defendant invadedd another person's residence and stolen goods at night, and did not reach an agreement with the victim.

The fact that the crime is committed in the attempted crime, and that the defendant seems to have been committed with his mistake, and that he is against the defendant, is favorable to the defendant.

In light of the equity between the case of night-time, intrusion and larceny and the case of this case entered in the criminal records of the judgment, the punishment as ordered shall be determined by comprehensively taking into account the following factors: Defendant’s age, character and conduct, criminal records, relationship of criminal records, environment, circumstances after the crime was committed, etc.