A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

From March 2017 to March 2017, the Defendant was a death who had been living together with the victim B (V, 52 years of age) and a person with a relationship.

At around 20:15 on June 27, 2018, the Defendant voluntarily moved to the district by a police officer on suspicion of assault due to the victim's report. On the same day, at the police station around 21:41 on the same day, the victim found the victim's statement about the above suspicion of assault at around 21:41 on the same day, and at around 00:48 on the same day, at the Seoul Seongbuk-gu C building and the victim's house located in D for the purpose of retaliation.

1. 재물손괴 피고인은 2018. 6. 28. 00:48경 위 피해자의 집 앞에서, 현관문을 두드렸음에도 피해자가 문을 열어주지 않는다는 이유로 손으로 피해자의 집 현관문을 세게 잡아당겨 현관문 보조키가 부숴지게 하였다.

Accordingly, the defendant damaged the victim's property.

2. The Defendant, who entered the residence, opened the entrance door and entered the house into the dwelling room after the order of the entrance key, which was locked, such as the date, time, place, and paragraph 1.

Accordingly, the defendant invadedd the victim's residence.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence Violence, etc.) entered the victim’s house, such as the date, time, place, and paragraph 1, and paragraph 2, followed the victim’s “is reported,” and hump, and hump the victim’s face at least seven times with the loss floor.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of a criminal complaint or accusation, statement, testimony, or submission of data in connection with the investigation or trial of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A written statement prepared by B;

1. Voluntary report;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of field photographs, routes in which a suspect intrudes on the residence of a victim, when a suspect intrudes a suspect, or when a witness is found);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (the point of causing property damage and the choice of imprisonment) and the Criminal Act.