A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who has resided in the Busan Young-gu B apartment C, and the victim D (n, 21 years of age) was a director in the same apartment E around December 24, 2018, and the defendant and the victim are not aware of each other.

피고인은 2018. 12. 25. 06:40경 피해자가 살고 있던 위 아파트 E호 현관 문 앞에서 술에 취한 상태로 “문 열어 보라. 문 열어라!!!!!”라고 고함을 쳤고, 피해자의 남자친구 F이 문고리가 걸린 채로 문을 열어주자 피고인의 팔을 피해자 주거 현관문 안쪽으로 집어넣은 채로 현관문을 열려고 한 것을 비롯하여 그 때부터 2019. 6. 29. 21:00경까지 별지 범죄일람표 기재와 같이 위와 같은 방법으로 피해자의 주거에 침입하거나 피해자가 문을 열어주지 아니하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 319(1) of the Criminal Act (the points of intrusion upon residence), Articles 322 and 319(1) of the Criminal Act (the points of attempted intrusion upon residence) concerning criminal facts, the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act was under the influence of alcohol by the Defendant, thereby opening the victim’s residence door and intrusion upon the victim’s residence.

The mental impulse caused by the victim seems to have been reasonable.

However, considering the favorable circumstances in which the victim does not want to be punished against the defendant.

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.