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

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

Punishment of the crime

1. On January 11, 2015, the Defendant attempted to larceny property by opening a gate that was not set up at the victim C’s house in Seo-gu Incheon, Incheon, and by intrusion upon the living room, but was discovered to the victim.

Accordingly, the defendant invadedd a human habitation at night and tried to steals another's property, but he attempted to do so.

2. On January 12, 2015, the Defendant: (a) around 16:30 on January 12, 2015, at night, went into the victim’s house and opened a window after cutting off rainwater pipes installed on the building outer wall; and (b) went into the victim’s house and intrudes into the victim’s house to the kitchen, thereby putting in the smell, one of which is the victim’s possession, one of two Hobbbbbes, and putting in the smell together with the water, and making him into the gas room.

Accordingly, the Defendant invaded upon a human habitation at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. Application of the sentencing criteria [Determination of types of punishment] There is no type 4 (Special Rape) (Decision on the area of recommendation and the scope of recommendation] from among the basic areas: Imprisonment with labor for not less than one year nor more than two years and six months;

2. Although each of the crimes of this case was committed twice or more in the same person’s residence within a short period of determination of sentence, there is no significant mental suffering for the victim. However, there is no history of punishment for larceny, there is no particular damage, and all of the crimes are committed, and the age, character and conduct, environment, etc. of the defendant is committed.