A defendant shall be punished by imprisonment for not less than three months.

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

(e).

Punishment of the crime

On December 4, 2018, the Defendant: (a) around 03:40, at the upper point of “D” operated by the Victim C (A, F, 46 years of age) in Jungung-gun, Goung-gun (A, a victim used as a residence) and was under the influence of alcohol, and opened the upper back of the door, return to the lower part of the door, and infringed upon the victim’s residence by generating an unexplosive shock network, the market price, which was installed at that place, was the victim’s possession, and then damaged the victim’s housing by generating the unexplosive shock network.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (Attachment of CCTV images and fags to a high interest police station Escopic);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Articles 366 and 319(1) of the Criminal Act, the choice of punishment for the crime of this case (the crime of this case was committed again even though the defendant was punished twice for the same victim in 2018, considering the circumstances after the crime, etc.)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Part concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (including the details of the instant crime, the degree of damage to the victim, the point agreed with the victim, the reflectability of the defendant, the family relationship, etc.);

1. Around December 4, 2018, the Defendant: (a) took a bath to the victim C, who was under investigation by the witness at the Haak Police Station Emba in the Haak-gun F, Goak-gun, Goungnam-gun, the Defendant: (b) committed assault by both hand of the victim’s head knife.

2. The facts charged in the instant case cannot be prosecuted against the victim’s express intent (Article 260(3) of the Criminal Act). Since a document containing the victim’s expression of intent not to punish the defendant is submitted to this court as of March 12, 2019, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.