The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On May 2, 2016, the Defendant, who intruded upon a special house, entered the house of the victim C, which was in the south Masung-gun B, and was in danger (20 cm in total length, 10 cm in length) and entered the house beyond the fence of the said house.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

2. A special intimidation: (a) the Defendant discovered the Defendant, who entered the wall at the above date and at the above time and place (the age of 69) and sent the Defendant out of the main gate, with the left hand of the defect that the Defendant attempted to take out of the main gate, showed the Defendant’s shoulder, and said, “the Defendant knife knife the Defendant’s shoulder, which is a dangerous thing that was dangerous to the Defendant’s hand (the total length of 20cm, the knife length of 10cm)

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on field photographs;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) and 284, and 283(1) (a) of the Criminal Act (a special intimidation, and a choice of imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 4 (Determination of the sphere of recommendation), mitigation area (where the degree of intimidation is minor), mitigation area (determination of the sphere of recommendation), etc. (where the degree of intimidation is minor), 4 months to one year;

B. Inasmuch as the sentencing guidelines are not set for special crimes of intrusion upon residence, it is based on the lower limit of the recommended punishment (four months).

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, circumstances following the four months (two years of suspended sentence) of imprisonment, and any other circumstances described in the pleading of this case.

The term "unfavorable circumstances" refers to excessive circumstances and contained therein.