Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 7, 2009, the Defendant was sentenced to two years of imprisonment with prison labor at the Changwon District Court for the crime of robbery, and on June 25, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. and the said judgment became final and conclusive on September 3, 2010, and the said suspended sentence becomes null and void, and the parole period was terminated on March 30, 201 and on April 19, 201.
[2012 Highest 2327] The Defendant was called as one of the public interest service personnel on July 4, 201, and was serving in the Jinhae-si Department C from August 1, 2011, and left without permission on August 24, 201;
[2012 Highest 2994] The Defendant, under the influence of alcohol, did not have the ability to distinguish things or make decisions. Around 14:00 on August 9, 2012, the Defendant opened a kitchen and intruded into the house of the victim E, which was located in Jinhae-gu D, Jinhae-si, which came into the house of the victim E, and tried to steal the sum of 14,300 won, including 2 kinds of beer and 3 bottles, 4 bread, etc., which are owned by the victim, from the cooling house located in the living room, the Defendant did not have the intent to do so on the wind, which was discovered to the victim, and did not have been committed.
Summary of Evidence
[2012 Highest 2327]
1. Defendant's legal statement;
1. Accusation against those who have resigned from the service as public interest service personnel, list of supplementary service records, daily service situation register (2012 high group 2994);
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to on-site photographs (prior records), criminal records, previous records of dispositions and reports on the results of confirmation, and investigation reports (report on the details of punishment executed separately by a suspect);
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 89-2 of the Military Service Act (the point of escape from service), Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 342 and 329 of the Criminal Act (the point of attempted larceny and the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. The Criminal Act for the mitigation of mental illness.