A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On September 24, 2009, the Defendant was sentenced to six months of imprisonment by the Incheon District Court for attempted larceny, etc., and completed the execution of the sentence on March 23, 2010. On May 27, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for the attempted larceny at night from the Incheon District Court’s Vice Branch Branch, and the said judgment became final and conclusive on June 4, 201.

[2] Around 02:50 on May 8, 2010, the Defendant intruded through a beera window, which was not corrected at the center of the victim D (44 cm) located in the Nam-gu Incheon Metropolitan City, Seoul, and caused the victim's face to drinking with the victim's face for the purpose of evading arrest when the victim was discovered from the lock, and the victim was discovered from the lock.

As a result, the defendant attempted to steal the victim's property, and committed violence to the victim for the purpose of evading arrest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (referring to on-site reports, on-site photographs, and cases of attaching materials for a country and a water response);

1. Answers to the conformity of the Supreme Prosecutors' Office DNA-DB;

1. Previous convictions in judgment: Inquiry into foreign crimes and investigation career data, and application of Acts and subordinate statutes of a report on investigation (a sentence and attachment of status of confinement);

1. Articles 342, 335, and 333 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act and the proviso to Article 42 of the Criminal Act (i.e., attempted larceny, etc.);

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the latter part of Article 39 (1) (only between the crime and the crime of larceny at night in which judgment becomes final and conclusive and the crime of larceny at night);

1. Reasons for sentencing under the latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the same Act for mitigation of punishment following concurrent crimes;

1. The scope of punishment by law: Imprisonment for a period of nine months to twelve years; and

2. Application of the sentencing criteria: since it is an unregistered crime, the sentencing criteria do not apply. 3. Determination of sentencing standards