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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
At around 16:00 on February 29, 2020, the Defendant classified a password already known to the victim’s 5th floor, and divided it into the front of the victim’s residence, but the password was cut off by 200,000 won with a net value, which is a dangerous object prior to the victim’s prior possession of a door with a green number, at least 20,000 won.
Accordingly, the defendant invadedd the residence of the victim and damaged the victim's property by carrying dangerous things.
Summary of Evidence
1. Statement by the defendant in this court;
1. Statement of the police suspect examination protocol against the accused;
1. Statement of the investigation report; and
1. Each entry in the records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes written in B;
1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of imprisonment for a crime
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. Probation and community service order under Article 62-2 of the Criminal Act;
1. The following sentencing criteria are set only for the crime of destroying and damaging special goods for the reason of sentencing under Article 48(1)1 of the Criminal Act, and the following sentencing criteria are effective to recommend compliance with the lower limit.
Reasons for sentencing
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] destruction and damage to repeated crimes and special damage [Type 1], no repeated crime and special damage [special person] (the scope of the recommended area and the recommended punishment], the basic area of the recommendation punishment, six months to one year and two months;
3. Determination of sentence: The crime of this case intrudes upon the residence of the victim, and damages the entrance door.