A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 00:10 on September 1, 2016, the Defendant infringed upon a residence by opening a gate with no locking device and entering the living room of the victim for the reason that he/she would have another school system with the victim, etc., and want to do so again, on the ground that he/she was in the past relationship B 201, Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.

2. Around 00:45 on the same day, the Defendant damaged the property owned by the victim so that the repair cost can be 45,000 won by cutting the glass of the suspender ( approximately 1m wide, approximately 50cm long) on the left side of the bar, on the ground that the victim reported to the police, etc. at the above victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A report on investigation (victim's telephone investigation), a report on investigation (victim C's statement), a report on investigation (related to access and repair costs and compensation costs), and a report on investigation (a statement of a police officer dispatched to a witness);

1. Application of the Acts and subordinate statutes to the entrance photographs damaged;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

(a) Where the mitigation area (one to six months) (including a person who has been specially mitigated), the penalty not for damage (including a serious effort to recover damage), or a significant damage has been restored due to the destruction of property (the scope of recommended punishment) within the scope of general standards;

(b) Intrusion upon residence: The crimes for which the sentencing criteria are set without setting the sentencing criteria and those for which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, so only the lower limit of the above sentencing standards shall govern.

2. The defendant who has been punished several times, including a sentence for violent crimes.