A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal history, etc.] On December 3, 2015, the Defendant was sentenced to ten months of imprisonment by night residence intrusion larceny, theft, etc. at the Jeju District Court, and on June 17, 2016, the Defendant committed the following crimes in a state that he/she lacks the ability to discern things or make decisions due to intellectual disability, tide, etc.

[Criminal facts]

1. On December 21, 2016, the Defendant attempted to larceny at night buildings: (a) around 03:11, 201, at the cafeteria cafeteria operated by the victim D, the Defendant: (b) opened a window in which the victim D, who was in Jeju, had the victim D, in mind, stolen property; and (c) colored the article to be stolen by intrusion into the inside; (d) but (c) did not discover any article so and did not commit an attempted crime.

2. On December 21, 2016, the Defendant entered the “H” PC room operated by the victim G at Jeju-si on December 21, 2016, and was placed adjacent to the said safe, for calculating the place.

A theft was committed with a single set of 100 won per 5,00 won or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Witness D's testimony;

1. G statements;

1. A report on internal investigation (the results of the verification of CCTVs at the scene of damage) and a criminal investigation report (to attach CCTV images and caps photographs);

1. Previous convictions: Application of a written inquiry about criminal records, investigation report (the records of the same crime against the suspect and the period of repeated offense);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 342, 330 (the attempted larceny of intrusion upon a structure at night) of the Criminal Act, and Article 329 of the Criminal Act (the intention of Section 1 is to point out and the choice of imprisonment is to be imposed);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Since the sentencing guidelines are not applicable to offenses whose scope of the recommended punishment according to the sentencing guidelines, considering only the lower limit of the sentencing range in the sentencing guidelines for larceny No. 2 in the judgment of the criminal whose sentencing guidelines are set, [No. 2 types of larceny (general larceny) in general property (6 months to June 1).