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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 22, 2017, the Defendant infringed upon the victim’s residence by opening a 31st floor of the above apartment, which was the victim’s residence, with the victim B (Y, 38 years of age) who was satisfyed in the past around 22:10, on the ground that he was in the house of his female, and using the Incheon Gyeyang-gu apartment, Incheon Gyeyang-gu, and 4 Dong 1st floor, and entering the victim’s 31st floor of the above apartment, which was the victim’s residence, by using the bera rail, and entering the victim’s residence.

2. The Defendant, at the time, at the place specified in paragraph 1, and at the same time and place, discovered and resisted that the Defendant invadedd into B’s house as above, and assaulted the victim, such as making the victim c(42 taxes), making the victim’s inside part of the victim’s house flab, flabing his body, pushing the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to B and C

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 260(1) of the Criminal Act (the point of assault) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes resulting from grave intrusion);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than four years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of types), violent crimes, assault crimes, and Type 1 (General Assaults) [Scope of Recommendation] Imprisonment for two months to ten months;

(b) Scope of the modified recommended punishment: Imprisonment with prison labor for not less than two months (the maximum of the recommended punishment shall not apply because there is a crime of intrusion upon residence in the holding that the sentencing criteria are not set);

3. Determination of sentence: The crime of this case committed by the defendant for 8 months in imprisonment and 2 years in stay of execution by the defendant was committed by assaulting the victim C after intrusion upon the residence of the victim B, which was committed by other males in the past, and the nature of the crime is not good;