A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special larceny, etc. at the Changwon District Court on May 4, 2018, and the judgment became final and conclusive on the 12th of the same month, and is currently under suspended sentence.

[Criminal facts]

1. On August 25, 2018, the Defendant: (a) opened at around 03:36 on August 25, 2018, the opening of the main window opened in the D cafeteria operated by the victim C located in the South-west Navy B; and (b) opened in the said place;

50,00 won 1, 100 won 3, 5,000 won 1, 1,000 won 8, and 93,000 won in cash 20,000 won in the market value and 113,000 won in total in the market value.

2. On September 2, 2018, around 00:21, the Defendant attempted to larceny a structure at night, opened the main window opened in the D cafeteria operated by the victim C at around 00:21, and colors the object to be stolen, but did not discover any property that could be stolen, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each investigation report (on-site inspection and the verification of CCTVs);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (verification during the period of suspension of the execution of the same kind);

1. Relevant Articles 330 and 342 of the Criminal Act concerning facts constituting an offense (Attempted thief by intrusion on a structure at night and by intrusion on a structure at night);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Circumstances unfavorable to him/her - Circumstances favorable to him/her during the suspension period of the execution of the same crime - Circumstances favorable to him