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

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.

Punishment of the crime

On December 22, 2015, the Defendant was sentenced to a suspended sentence of one year for special larceny in the Incheon District Court Branch of the Incheon District Court on December 22, 2015, and the said judgment became final and conclusive on December 30, 2015.

1. On November 17, 2015, the Defendant: (a) around November 18, 2015, at night, went into the house of the victim D, 2104, Dong-gu Incheon Metropolitan City apartment C apartment 2104, 301; and (b) went through a 301 window, where the 301 window was not corrected and the cryped, was intruded to the inside and outside of the said house; and (c) the said victim’s market price was 8 million won in total, which was owned by the said victim, was stolen.

2. On November 17, 2015, around 18:59, the Defendant attempted to steal the property owned by the said victim by opening a brupted window using a brupt extraction from the place where the brupted window was removed (i.e., a single title “bru”), and entering a brupt and a small area of the said property, but did not perform an attempted act because there was no stolen object.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation report (verification of sunset time);

1. Photographs, CCTV photographs, neighboring CCTV photographs, and CCTV photographs of suspect lines;

1. Previous convictions: The results of inquiry, the report of investigation (the confirmation of ex post facto concurrent crimes) and the application of Acts and subordinate statutes attached thereto;

1. Relevant Articles 342, 331(1) (a) (a special thief) and 330 of the Criminal Act concerning facts constituting an offense;

1. Each disposition of concurrent crimes, the latter part of Article 37 of the Criminal Act, but Article 39 (1) (which is between the above crimes and the first head in the judgment);

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., is the motive and background of the instant crime, and the frequency of the crimes.