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

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

Criminal facts

[2019 Highest 1022 - Residential intrusion and property damage] The Defendant: (a) around January 26, 2019, from around 17:32 to 17:39 of the same day, in the victim C’s residence located in Seodaemun-gu Seoul Western-gu, Seoul, the Defendant: (b) teared the shock network of windows; and (c) invaded the victim’s residence through windows; and (d) invaded the victim’s residence.

[The Defendant, around 05:00 on April 30, 2019, recommended the victim E (the age of 26) to return home on several occasions on the front side of Eunpyeong-gu Seoul Metropolitan Government D, but the victim did an injury, such as a spathal of a baby requiring treatment for about 184 days, considering the face of the victim one time due to drinking alcohol without returning home.

Summary of Evidence

[2019 Highest 102]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on internal investigation (the result of the verification of CCTV at a place of occurrence), report on internal investigation (the verification of wire prior to and after committing a crime by a suspect);

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each photographic material;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 319 (1) (the point of intrusion upon residence), 366 ( point of destruction and damage of property), 257 (1) (the point of injury) of the Criminal Act and the choice of imprisonment, respectively;

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Basic crime: Type 1 (General Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Inflicting) increased factors - serious injury, mitigation factors - non-influence of punishment (in the area of recommendations and recommendations), basic area of punishment (in the scope of recommendations and recommendations), April to June of imprisonment;

B. Concurrent Crimes: Punishment of Property Damage (Determination of Punishment) where actual damage (a person with a special appearance) is minor (a person with a recommendation and recommendation range), mitigation area, one month imprisonment, or more.