A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal records] On November 29, 2016, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor for special intimidation, etc. at the Busan District Court. The above judgment became final and conclusive on December 7, 2016 and is still under suspended sentence.

[Criminal facts]

1. On August 28, 2017, at around 17:30, the Defendant intruded into a third floor with the victim C residing in Busan Dong-gu, Busan, where the Defendant’s residence is located, and had been installed there at the same time by an insular means for the purpose of theft of property.

20 liter gas can be found, the pipes connected to gas can be separated, and the gas can be used as the above gas source with the market price of 50,000 won.

2. Around 02:50 on August 29, 2017, the Defendant attempted to larceny residence at night, when the victim E residing in Busan Dong-gu, Busan, the Defendant’s dwelling place, was living. Around August 29, 2017, the Defendant intruded into the second floor beer, and discovered the gas source equivalent to KRW 50,00 in the market price installed therein, separated the pipes, and attempted to steal the gas pipe. However, the Defendant escaped with the gas pipe at the wind of hearing the sound moving the gas pipe and outing the gas pipe.

Thus, the defendant did not commit an attempted crime while intending to steals property by intrusion upon another person's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. On-site photographs;

1. Investigation report (C telephone investigation);

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and application of the statutes governing the judgment;

1. Relevant provisions of Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act (the purpose of Section 329), Articles 330 and 342 of the Criminal Act concerning the crime (the point of attempted larceny upon residence at night);

1. The Defendant made a confession of both crimes on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes.