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

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

Criminal facts

On June 29, 2017, around 02:48, the Defendant opened a door to the victim’s house located in the second floor, where the victim D(M, 37 years of age) was living in Changwon-si C, Changwon-si, Changwon-si, and invaded upon the victim’s house by entering the victim’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Fire-proof reports (applicable to the verification of CCTV images on the scene of damage);

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 reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act include the accused’s previous convictions for the reason of sentencing 11 times, and among them, there exist three previous convictions who were sentenced to imprisonment and have been sentenced to a prison labor. In particular, the accused has been sentenced to imprisonment for the same kind of crime, i.e., intrusion upon residence, for eight months in a suspended sentence of one year, and for one year in a suspended sentence of one year, and the accused has been sentenced to imprisonment for eight months in prison due to concurrent crimes committed by intrusion upon a structure and other crimes. In addition,