A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 11, 2017, the Defendant: (a) opened a cafeteria operated by the victim C in Jin-si from around 02:00 to around 03:00 on September 11, 201; (b) opened a cafeteria and intruded into the cafeteria; and (c) cut off the cash owned by the victim at the safe located in the gate.

2. On September 12, 2017, the Defendant: (a) opened a window that was not corrected from around 02:0 to around 03:00 on September 12, 2017; and (b) went into a restaurant and intruded into the restaurant; and (c) did not bring about an attempted crime because the Defendant did not find any things to be stolen while enciating the object.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the C’s respective Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act concerning the crime (the points of larceny at night) and Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Scope of the recommended punishment (explosive larceny) Special mitigation area (explosive larceny) of four types of theft in general property;

(b) Where a person intrudes into any place other than the indoor residential space of a special mitigated person (type 4), or not subject to punishment;

C. However, given that the sentencing guidelines are not set for the attempted larceny at night, only the lower limit of the scope of the above sentence should be considered.

2. The sentence shall be determined as ordered in consideration of the sentencing conditions indicated in the record, such as the fact that a person whose sentence was determined does not want the punishment of the defendant, the fact that there was no past record of punishment, and the age, environment, motive, means and consequence of the crime, and the circumstances after the crime;