A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On January 1, 2018, around 22:40 on January 1, 2018, the Defendant violated the residence of the victim, such as: (a) entering the password of the joint entrance entrance door known to the victim at the time of expulsion with the victim prior to the building, in front of the building, which is a residence of the former female-friendly Gu victim D (n, 19 years of age) located in Gwanak-gu, Seoul Special Metropolitan City; (b) opening a joint entrance and intrude into the building; and (c) continuously opening the entrance at the front of the building 202, which is the victim’s dwelling room; and (d) continuously opening the entrance at the front of the house and sitting it in the front of the house.

Accordingly, the defendant invadedd the victim's residence.

2. On January 2, 2018, at around 00:25, the Defendant, at the time of the act described in the above paragraph (1), was given a warning from the police officer, that “the victim’s dwelling is not invaded” at the time of the act, and again opened a joint entrance and intrudes upon the victim’s dwelling in the same manner as described in the foregoing paragraph (1), and then continuously opened the entrance in front of the said building, which is the victim’s dwelling defense room, and opened the entrance in front of the said building, and opened the entrance in front of the said building.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on the issuance of a warning paper and the list of reported cases;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act created anxiety by intrusion upon the victim’s residence two times at night, which is disadvantageous to the following: (a) the nature of the crime was not good; (b) the victim’s residence was intruded even after the police officer’s warning was given after the crime of intrusion upon residence; and (c) there was one time to suspended the execution due to special larceny, and three times to be punished by a fine due to the crime of assault, etc.

However, the defendant made a confession of the crime of this case and made a mistake.