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

The defendant was aware of the fact that the victim C(40 years of age) is a foreign woman who is living alone in his/her residence among the service of military force inspection and notice to the defendant who works as the inspector of the Korean power department B branch's power inspections.

On July 24, 2020, at around 01:16, the Defendant opened a toilet window behind the said house in front of the victim’s house located in Chungcheongbuk D, and intruded into the victim’s house beyond its windows.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of field photographs, on-site CCTV photographs and intensity, and on-site CCTV-related Acts and subordinate statutes;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act with regard to an order to observe the protection was that the Defendant, at night, intruded into the house in which the victim is a female female, thereby significantly impairing the peace and safety of the victim’s residence.

Although the Defendant appears to have recognized the instant crime and reflected against the Defendant, the Defendant, while drunk, wanting to drink the victim by chance, led to the instant crime, and made a vindication that is difficult to believe with the motive of the crime.

When the Defendant is punished for the instant crime, he/she may suffer disadvantages, such as dismissal from his/her workplace, and appeal for the support of his/her family. However, the instant crime is highly likely to intrude into the victim’s residence that the Defendant became aware that he/she resides in the same workplace while on duty, and is very highly likely to commit the instant crime.

However, the defendant did not commit another criminal act after intrusion upon the victim's residence, and left from the residence on his own.

The defendant does not want the punishment of the defendant by mutual agreement with the victim.

There is no past record of punishment exceeding a fine.

At the same time.