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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, who entered a residence, requested the division of inherited property several times due to the dispute over the issue of the victim B, the mother C, and the inherited property, who was the dunese, but did not comply with the request by the victim. On June 17, 2019, at around 20:57, the Defendant entered the building E, Guro-gu Seoul Metropolitan Government into the front of the Fhogate, where the victim et al. resides through the official entrance door, and then intrudes into the victim’s residence in a way that he takes over several times the first races installed therein and intrudes on the victim’s dwelling in front of the front door.
2. The Defendant damaged property by means of the date, time, place, etc. under Paragraph 1, as mentioned above, divided the first race into several times, but the victim was in possession of the victim who did not open the front door, and caused the damage to its utility on the wall side of the front door, etc. using a fluorial pen.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Application of statutes on photographs of damage;
1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning facts constituting an offense, the choice of a sentence (the occupation of intrusion upon residence, the choice of imprisonment), and Article 366 of the Criminal Act (the occupation of causing damage to property
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the commission of the crime; and (d) the conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, are to be taken into
Although the defendant is long, he has been sentenced to a suspended sentence of imprisonment for a long time, he has been sentenced to a fine of KRW 500,000 due to the crime of property damage in 2019.
A favorable normal situation: The defendant was unable to live in an unstable environment, but there is no criminal record except for a minor fine three times during the last twenty years.