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.

Punishment of the crime

On May 30, 2020, at around 01:40, the Defendant opened several doors on the ground that the victim D, who was divorced, did not open the doors of the building C at Kimhae-si, and infringed upon the victim’s residence by opening the door of the second floor of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on field photographs E to the police statement of D;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant invaded the victim’s residence at night, thereby impairing the de facto peace of the residence. In light of the date and time of the crime, method of intrusion, and the degree of uneasiness, etc., the crime of this case is not good.

The defendant was unable to take advantage of the victim, and the victim's intent to punish is firm.

The defendant was entered into domestic violence. Among them, there was a history of receiving a disposition to transfer home protection cases due to injury, confinement, etc. to the victim at the time of a de facto marital relationship with the victim.

However, although the defendant made a statement to the effect that he had the victim's implied consent, the court recognized the crime of this case in the court and reflected the mistake and did not repeat the crime.

Only the defendant has been punished by a fine for larceny.

The punishment shall be determined as ordered in consideration of the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive of the crime, and circumstances after the crime.