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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
On July 23, 2020, the Defendant: (a) discovered the victim C (the age of 35) who returned home in the vicinity of the Seoul Jung-gu, Jung-gu, Seoul (hereinafter referred to as the “victim C”) on the breath of 02:17, who was under influence of alcohol, and went home in the vicinity of the Seoul; (b) became out of the victim’s 2:22 on the same day, up to 3rd and down the victim’s apartment house located in Jung-gu, Seoul; and (c) invaded the victim’s residential peace by following the door door connected to the windows, such as theft of the victim’s residential premises.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes to capture CCTVs for the purpose of crime prevention of the 112 reported case, to the closure of CCTVs for the purpose of crime prevention of the 112 reported case;
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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant, while under the influence of alcohol, went back to the front of the entrance in order to steals the victim, and the nature of the crime is bad.
The defendant has a record of being sentenced to suspension of indictment for a similar crime.
This is an unfavorable circumstance to the defendant.
On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.
There is no record of criminal punishment exceeding the fine against the defendant.
This is favorable to the defendant.
In addition, the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the various sentencing conditions shown in the theory of changes shall be determined as ordered by taking into account the following factors.