A defendant shall be punished by imprisonment with prison labor for four months.

An applicant for compensation shall be dismissed.

Punishment of the crime

[Criminal Power] On August 11, 2020, the Defendant was sentenced to a suspended sentence of two years for six months, including a violation of the Road Traffic Act (driving) in the Daejeon District Court's branch court. On August 19, 202, the above judgment became final and conclusive on August 19, 2020.

【Criminal Facts】

On June 24, 2020, the Defendant: (a) opened a window that is not corrected in subparagraph (D) in which the victim B (the 26-year old) on the second floor (the 26-year old) resides, using gas pipes from the outer wall of the building, and attempted to steals cash by entering the door, but (b) opened a door door on the wind that the mad victim is broken out from the lock, and escaped.

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

Summary of Evidence

1. A written statement, on-site photograph of the defendant's legal statement B, and a previous record of a CCTV-caping ruling: Application of criminal records and other inquiries, and statutes of the judgment;

1. Relevant Article 342 of the Criminal Act and Articles 330 and 37 (latter part) and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation, the Defendant was aware of, and attempted to, intrusion upon another person’s residence at night.

Although thief was attempted, such a crime is in itself seriously infringing upon other's residence and privacy.

As a result, the victims who are women of 26 years of age seem to have suffered a large mental shock, and there is no damage to be recovered.

It appears that the defendant has the intention to mislead and reflect his mistake, and that there is no criminal record of the same kind, and that the crime is committed in the attempted crime, the circumstances favorable to the defendant shall be considered.

The equity between the case and the case of violation of the Road Traffic Act, etc. shall be taken into consideration when the case was tried at the same time, and the defendant's age, character and conduct, environment, circumstances of crime, and after the crime is committed.