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

Punishment of the crime

On December 17, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court for a crime of intrusion upon residence, and the said judgment became final and conclusive on the 25th of the same month.

1. On March 20, 2014, around 20:15, the Defendant, who attempted to larceny at night, was intruded into a sick room located in Busan, Busan, “D Hospital” C, and attempted to steals property. However, the Defendant was unaware of the victim E and did not commit an attempted crime.

2. At night, the Defendant: (a) opened a gate at which the patient was locked at the hospital No. 831 on the same day as the preceding paragraph; and (b) opened a gate at the hospital No. 831; (c) removed 300,000 won and 2 house keys at the market price of the Montreal Ponz Dozphone, which was kept by the victim F; (d) continued to be kept by the victim G, 30,000 won and 6,30,000 won in cash, one resident registration certificate; and (e) one credit card at the new bank No. 831; and (e) steals with one credit card at the Busan Bank.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G and F;

1. E statements;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (a copy, etc. of the same type of judgment), decisions, and copies of summary order; and the application of six copies of the above-mentioned Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Articles 330 (Occupancy of thief at night), 342, and 330 (Occupancy of thief at night) of the Criminal Act in the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Of concurrent crimes, there are favorable grounds for sentencing, such as the restoration of the damage from the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the reflection of the fact that there is difficulty in the family form, among concurrent crimes. However, even if there exist several times of criminal records, the crime in this case again leads to the crime in this case, taking into account the factors unfavorable to the fact that the crime is committed during the period of probation, and the motive, means and result of the crime, the age