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

On June 28, 2016, at around 17:25, the Defendant was in the victim J's residence located in Seongbuk-gu Seoul Metropolitan Government I (hereinafter omitted), and the Defendant, under the influence of alcohol, opened an unlocked gate and opened the mash, and infringed upon the victim's residence by entering the stairs going up to the second floor of the said residence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to J

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

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

1. For the purpose of sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for ten months or a stay of execution, two years or more, probation, an order to attend a lecture, community service, or a person who is under community service 160 hours: (1) In the case of a person who is under probation, an order to attend a lecture, or an order to attend a lecture on June 28, 2016, any injury inflicted upon a person who is under a stay of trial on June 28, 2016;

(1) Sentence of the first instance court of public prosecution on April 28, 2016: Imprisonment with prison labor for not more than 10 months/ suspended sentence of imprisonment for not more than two years (in July 22, 2016), and (2) Persons who have been mitigated, such as unrecovering damage: Confession, medical treatment for a principal offender, need for assistance, etc.