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

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of intrusion at the Seoul Northern District Court on June 21, 2012, and the said judgment became final and conclusive on June 29, 2012, and is currently under the grace period.

1. On June 14, 2013, around 11:15, the Defendant: (a) went into the dwelling room located in the victim’s house located in Gyeonggi-gun C, and went into the dwelling room located in the victim’s house through the entrance door, which was opened for the purpose of theft of property from the victim’s house; and (b) infringed upon the victim’s residence.

2. The Defendant attempted to larceny a thief by following an embankment owned by the victim, which was located at the victim D’s house under paragraph (1), from the victim’s home room, and then stealing the property, but the thief was attempted by cutting down the stief to the victim from the ward.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (reports on previous convictions and attachment of written judgments);

1. Article 319 of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment with labor;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are divided into one’s mistake and reflects his depth, the circumstances that the criminal defendant committed a larceny committed a second offense during the period of suspension of execution, and the circumstances that the criminal defendant had a history of larceny, such as the defendant’s age, environment, circumstances of the crime, and circumstances after the crime, etc., were considered in determining the same punishment as the order.