A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On September 5, 2015, at around 20:0, the Defendant 3 multi-household houses in Eunpyeong-gu Seoul Metropolitan Government (50 years of age) and went back to the 3rd floor and the 3rd floor of the crime prevention window installed by the stairs rail, and intruded into the 3rd floor and the rooftop room, and discovered the victim's face, with a view to evading arrest, was discovered up to 3 times the victim's face, and was pushed back to the victim's face.

Accordingly, the defendant tried to steals the victim's property, and assaulted the victim to escape arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 342, 335, and 333 of the Criminal Act applicable to the crimes;

1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2(1) and (2) of the Criminal Act of probation and community service order is an attempted criminal, and thus, the sentencing guidelines shall not apply.

The crime of this case is committed by the defendant who intrudes on the victim's residence at night and steals the object, and assaults the victim to escape arrest during the attempted crime, and the nature of the crime is not good.

The defendant has yet to reach an agreement with the victim.

However, the thief crime did not cause material damage due to the violation of the attempted crime.

It is difficult to see that the degree of tangible power exercised by the defendant is too important.

There is no record of criminal punishment exceeding the fine.

The defendant is in depth repenting his wrongness.

In addition, all of the sentencing conditions stipulated in Article 51 of the Criminal Act were considered.