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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 21, 2017, the Defendant attempted to larceny at night, by opening a gate which is not corrected in front of the victim E’s residence in Gwangju City D and the second floor around October 21, 2017, and by exposing the kitchen into the kitchen, but the Defendant attempted to steal the object. However, the Defendant attempted to have the victim discovered and sound in the above residence.
2. At night, on October 21, 2017, the Defendant: (a) intruded into the said residence beyond the fenced around the victim C in the Gwangju City F and the second floor on October 10, 2017; (b) had a kitchen and a kitchen owned by the victim C and a passport owned by the victim G in the said residence; and (c) stolen it.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to H and E;
1. A written statement of the I;
1. Protocols of seizure and list of seized articles, and photographs thereof;
1. Reporting on investigation, and notification to the reported case department;
1. On-site photographs of the victim E, on-site photographs of the victim H, G passport reproduction, and on-site photographs of the victim's residence;
1. Application of Acts and subordinate statutes to a criminal report (damage statement and investigation of a suspect's speech and behavior);
1. Relevant Articles 342, 330 (a person who attempts to larceny residence at night) and 330 (a person who steals residence at night) of the Criminal Act concerning the crime;
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. Article 62-2 of the Criminal Act on the observation of protection;
1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;
1. Scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria applicable to multiple criminal guidelines without the basic area (one year or two years or six months) (the person subject to special sentencing] of the 4th category general property: Imprisonment with prison labor for at least one year (the two years or two years or six months): Since the attempts to larceny night residence intrusion for which the sentencing guidelines have not been set and the concurrent crimes under the former part of Article 37 of the Criminal Act are related, only the lower limit of the recommended sentence range for the above crime for which the sentencing guidelines have been set shall be observed);
2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for two years / [Judgment] imprisonment with prison labor for one year and two years of suspended sentence.