A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a tenant who has leased and resided the first floor of the Busan Dong-gu C Housing in which the victim B (56 years of age) was living in the second floor.

At around 19:20 on May 27, 2019, the Defendant: (a) on the premise that the victim living in the second floor was gathering things below the lower floor; (b) opened a door in which the victim’s residence was not corrected; and (c) opened the door in which the victim’s residence was not corrected; and (d) opened one kitchen (17cm in length, 30cm in total, and 30cm in length) which is a dangerous object in the kitchen, in which the victim had been living in the kitchen, and her part of the part of the victim, who was sitting in the kitchen, was fluent with the kitchen knife.

Accordingly, the defendant invadedd the victim's residence and assaulted the victim by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. B written statements;

1. Investigation report (to be accompanied by a photograph of the scene of damage and the scene of the crime), each investigation report (a statement of the victim);

1. Police seizure records;

1. Application of statutes on field photographs;

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts (the point of intrusion upon residence, the choice of imprisonment), and Articles 261 and 260 (1) of the Criminal Act (the point of intimidation by carrying a deadly weapon and the choice of imprisonment);

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Application of the sentencing criteria [Scope of recommending punishment] Crimes of assaulting Type VI (Cumulative Offense, Special Violence) and the basic area (4 to 10 months) (special person) of the sentencing criteria;

2. Determination of sentence: (a) the Defendant intrudes the victim’s residence and assaults the victim; and (b) the Defendant is suffering from mental illness.