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A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
On May 10, 2017, the Defendant: (a) opened a room located in the F temple located in Daegu-gu, Daegu-gu, Daegu-gu, in which the Victim E resides, and intruded into the room, and did not correct windows; (b) did not discover any money or other valuables, but did not commit any attempted act, even though he did not discover any money or other valuables.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on investigation (to select a suspect and attach photographs of the head of the crime);
1. Application of Acts and subordinate statutes to a report on results of field identification;
1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 329 (a point of attempted larceny) of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In addition, even though the defendant had been convicted of the same kind of crime, including probation, the defendant led to confession and reflects on the crime of this case. Considering all the circumstances, such as the defendant's age, occupation, sex and environment, family relationship, relationship with the victim, motive and circumstance of the crime, means and consequence of the crime, etc., and the conditions for sentencing, such as the circumstances after the crime, etc., are considered.