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

Punishment of the crime

【Criminal Power】 On December 28, 2012, the Defendant was sentenced to two years of suspended sentence of imprisonment for larceny at the Seoul Central District Court on August 28, 2012, and the said judgment became final and conclusive on January 5, 2013, and is still under suspended sentence.

【Criminal Facts” around 00:50 on February 25, 2013, the Defendant: (a) went to the rooftop room where the victim D of the fifth floor rooftop of the Dongjak-gu Seoul Metropolitan Government Cbuilding was living; (b) went to the victim’s residence outside the strings of rooftop stairs in order to steal the property; (c) opened four windows of the toilet; and (d) opened the body on the floor by opening the body on the floor; and (d) tried to steals the property by intrusion into the above rooftop window, but the sound was arrested on the police officer called upon receiving a report from the victim.

Accordingly, the defendant attempted to steals property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Before judgment: Application of Acts and subordinate statutes to larceny 2012 high-speed 6219, judgment of violation of the Road Traffic Act (driving) and judgment, case agreement auxiliary meetings, prosecution investigation report (verification report on the date of confirmation);

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act is against the defendant, and the victim wishes to take the defendant before the sentencing, and the mother of the defendant is receiving treatment due to depression, etc.

However, the Defendant again commits the instant crime during the suspension of execution due to the same crime, and thus, is not good. Therefore, the Defendant is sentenced to the same punishment as the disposition.