A defendant shall be punished by imprisonment for not less than nine months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant, around 03:00 on May 31, 2020, opened a gate in front of a detached house in which the victim C (Nam, 38 years of age) of Seo-gu Busan, and entered as a math, and then opened a gate that is not corrected in the place, and then opened the 2nd floor warehouse through the out stairs of the building, and opened the math to the second floor warehouse of the victim and the mother of the victim.

Accordingly, the defendant tried to steals property by intrusion upon the victim's residence at night.

2. At around 04:40 on May 31, 2020, the Defendant opened a corrective gate using the key set forth in the first class, and entered as math, and entered the second floor through the stairs outside the building, and went back to the second floor, with a grogate for travel equivalent to KRW 100,000,000,000, in front of the victim’s residence as described in the above paragraph 1.

Accordingly, the defendant invadedd the victim's residence at night, and stolen the property worth 160,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The application of Acts and subordinate statutes to a report on investigation (18 pages for investigation records), investigation report (121 pages for investigation records);

1. Relevant legal provisions concerning facts constituting an offense, Article 342 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act ( point of attempted larceny at night), Article 330 of the Criminal Act, and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Although the defendant was discovered after the commencement of the commission of larceny as stated in Article 62-2 of the Social Service Order Criminal Act, the victim committed larceny as stated in paragraph (2) of the crime committed by intrusion upon the victim's residence immediately after the commencement of the commission of larceny as stated in paragraph (1) of the same Article, and the time when the criminal act in the judgment was committed is 3:00 to 4:00 times from the new wall.