A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to a suspended sentence of two years for six months at the Daegu District Court to attempted to larceny structures at night, and the judgment became final and conclusive on December 31, 2015.

1. On February 25, 2012, the Defendant attempted to larceny at night buildings: (a) around 02:00, at the “E” restaurant of the victim D’s operation in Daegu-gu Dong-gu, Daegu-gu; (b) using any cresh in the victim’s leaving the school by leaving the school; and (c) was attempted to enter the head and body by inserting the head and body through the window on the right side of the restaurant, where no corrective device is installed; and (d) was committed without having any defect in the victim’s sound, thereby getting the Defendant knife and failing to bring the victim into an attempted crime.

Accordingly, the defendant had invaded upon a human structure at night and attempted to steals another's property.

2. On February 25, 2012, at the “E” restaurant for the victim’s D’s “E” restaurant operated in Daegu-gu, Daegu-gu, Daegu-gu, on the part of the victim’s leaving the school, the Defendant changed the glass of the window on the right side of the restaurant where the correction device is installed to a brick, and subsequently opened and intrudes the window, followed by opening the correction device, and then, 5,000 won of the street owned by the victim during the payment period for the gold transfer.

Accordingly, the defendant stolen another's property by destroying part of the structure at night and impairing the structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A investigation report (or notification of detection of any fact identical with the DNA identity verification information), the current status of a person who corresponds to the results of comparison with the DNA, on-site photographs;

1. Previous convictions in judgment: Inquiry of criminal records and the application of investigation reports (the confirmation of criminal records and the same records before the suspension of execution of a suspect);

1. Relevant provisions of Article 331(1) (a) of the Criminal Act concerning criminal facts and Articles 342 and 330 of the Criminal Act (a person who has attempted to larceny intrusion upon a structure at night);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.