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 September 1, 2019, around 09:50 on September 1, 2019, the Defendant: (a) stated that “the Defendant has a scarcity” to the victim in the residence of the victim C(18 years of age) of the first floor of the Busan Jin-gu building B; and (b) opened the door to let the victim enter the residence of the victim.

Since then, the defendant did not leave about 10 minutes even though he received a request from the victim who confirmed that the victim's mother was not in his house, and the defendant did not comply with the request to leave the victim without justifiable reasons.

2. The Defendant received a request from the victim to “at home” as described in paragraph 1 at the time and place described in paragraph 1, and assaulted the victim upon receiving the victim’s chest due to her head.

3. The Defendant of the damage of property, at the time and place indicated in paragraph (1), has avoided the act of assault as described in paragraph (2) and taken the kitchen in his room to close the kitchen, and has broken off the kitchen, which is the victim’s possession, of which the market price cannot be seen (around 40cm in length, about 20cm in length, about 0cm in length, about 0.5cm in thickness).

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Three copies of the photograph;

1. A CD;

1. A copy of the photograph;

1. Application of Acts and subordinate statutes to investigation reports (victim C video submission);

1. Relevant Article 319(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a crime

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment and a Crimes of Destruction and Damage of Property, the most severe punishment and concurrent crimes)

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than four years and six months;

2. Scope of the recommended sentencing criteria: Imprisonment for not less than four months.