A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. At night, around 06:00 on November 16, 2019, the Defendant: (a) intruded into the “D” restaurant operated by the injured party C; (b) via the open door of an unrecepted state door; and (c) did not find any property in the calculation unit, etc., but did not commit any attempted theft.

2. A thief: (a) around 11:50 on December 30, 2019, the Defendant stolen a theft with one cellular phone in the gallon case of the victim G-owned market value of KRW 1 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. Each statement of H and G;

1. Application of Acts and subordinate statutes to each field photograph, investigation report (to be attached to the screen by cutting off theCCTV image), caps and damaged photograph;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act which choose punishment ( point of attempted larceny of night buildings) and Article 329 of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing criteria [the decision of types] the general larceny [the second category] mitigation element for general larceny [the person who has a special sentencing]: The application area of the punishment non-exclusive [the recommended area and the scope of the recommended punishment] mitigation area, the application area of the punishment standards for multiple crimes in April to October: the larceny for which the sentencing guidelines are set for at least four months and the concurrent crimes between the attempted larceny of nighttime building intrusion, to which the sentencing guidelines are set for which the sentencing guidelines are set, and the minimum of the sentencing range set for the crimes against which the sentencing guidelines are set.

2. In light of the fact that the Defendant, who was sentenced to punishment, committed the instant crime even though he had been already sentenced to punishment several times, including a suspended sentence for the same type of crime, and in particular, the instant crime was committed during a suspended sentence for larceny, it is inevitable to severely punish the Defendant.

The defendant's mistake is recognized and serious.