[criminal record] On October 15, 2015, the Defendant was sentenced to a suspended sentence of three years to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, at the Seoul East Eastern District Court on January 1, 2016, which became final and conclusive on January 1, 2016, and was sentenced to a suspended sentence of two years at the Jeju District Court on June 22, 2016.

【Criminal Facts】

On June 22, 2019, around 20:44, the Defendant: (a) invaded on the inside of the instant house with a gate, which was not set up in the victim C’s residence (hereinafter “instant house”) located in Jeju-si B; and (b) went to the second floor by using the stairs adjacent to the instant house; and (c) was discovered to the victim, who was in the middle floor of the 2nd floor toilet, the Defendant escaped.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a criminal investigation report, 112 reported case handling table, and investigation report (on-site verification);

1. Article 319(1) of the relevant legal provisions regarding criminal facts, and Article 319(1) of the Criminal Act regarding the sentencing of imprisonment, the Defendant, around 2009, invaded another’s residence with a view to stealing the victimized female, and was punished by a fine of KRW 500,00,000, and was suspended on account of the charge of intrusion upon residence around 2014.

In addition, in 2015, money and valuables were stolen by intrusion upon women's residence at night and assault and intimidation victims were punished for 3 years of imprisonment and 4 years of suspended execution.

On November 17, 2015, before the judgment on the suspension of execution became final and conclusive, the Defendant intruded into the instant house, and accordingly was sentenced to imprisonment with prison labor for six months and two years of suspended execution on June 2016.

Around June 2019, the Defendant re-infidented the instant house (family members of the same family as the year 2015), which had committed a crime again in the past three years.

In other words, the defendant enters the gate of the house of this case at night to the outside of the building.