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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant had a dispute with the victim E (the age of 54) who resides in the above housing unit D as a person who resides in the building B or subparagraph C in Seongbuk-gu, Sungnam-gu, Seoul, and the victim E (the age of 54) has stored goods in the public stairs.
Of that, on August 30, 2020, the Defendant: (a) caused damage to a neighbor who is a neighboring resident, caused the disturbance by opening the entrance door of the above sub-paragraph (D) that was not corrected and ruptures the victim, thereby passing the noise.
Accordingly, the defendant invadedd the victim's residence.
Summary of Evidence
1. Application of the police protocol photographs of the police statement E to the defendant's legal statement (as at the date of the second public trial) and the Acts and subordinate statutes on mobile phone image photographs;
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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the victim suffers considerable fear of fear and wants to punish the defendant, etc. is disadvantageous to the defendant.
However, the fact that the defendant shows the attitude of recognizing and reflecting the mistake of the defendant, and that there is no record of punishment exceeding the fine for the last 20 years, etc. are considered as favorable to the defendant.
In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions in the instant case, such as the defendant's age, sex, career, environment, background and result of the crime, and circumstances after the crime.