A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On November 19, 2016, the Defendant violated a structure: (a) around 00:40 on November 19, 2016, in front of the D High School, which is a structure managed by the victim C, located in Chungcheongnam-si, Chungcheongnam-si; and (b) under the influence of alcohol, the Defendant went into the front of the female student’s dormitory, beyond a school with a height of about 2 meters away from the said school, on the ground that she would ask his/her father and wife

2. On November 19, 2016, the Defendant: (a) intruded into the pertinent D High School, as indicated in paragraph (1) around 00:46; (b) cut off the entrance door of the materials of aluminium, which is installed in the connecting passage of the apartment dormitory and the new dormitory, on the ground that there was no response; (c) cut off five times the entrance by citing the news block in the vicinity; and (d) cut off the said news block two times on the glass door installed on the door following the front door, which was installed on eight occasions.

Ultimately, the Defendant damaged the above entrance to the extent of KRW 422,400.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs related to the damage of property;

1. Written estimate;

1. Images after a school CCTV course is cut;

1. Reporting on the arrest of a case;

1. Report on internal investigation (investigation into telephone conversations between the reporting person and the other party, verification of CCTV in schools, and change of victim specific time and case time);

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon a structure), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The crime of intrusion on a structure according to the sentencing criteria is limited to the lower limit, since the sentencing criteria are not set.

[Scope of Recommendation] Class 1 (Destruction of Property, etc.) basic area (from April to October) / None of the special sentencing factors

2. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution of one year, observation of protection, and probation;