A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 19, 2019, around 22:05, the Defendant: (a) went into the second floor of the said house through a house fence of D, located adjacent to the victim’s residence; (b) went into the second floor of the victim’s residence; and (c) intruded the victim’s residence by entering the entrance in front of the entrance, beyond the second floor of the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on the occurrence of intrusion upon residence, a report on investigation, and a report on investigation (verification of a victim's residence);

1. The Defendant committed an act of impairing the peace of the victim’s residence by intrusion upon another’s residence at night while attaching an electronic tracking device with respect to criminal facts, Article 319 of the Criminal Act regarding the choice of punishment, and the reason for sentencing of imprisonment with prison labor.

The defendant's intrusion place is in a place where normal access is impossible without going through the internal door because there is no stairs installed outside, and the defendant has invaded upon the victim's residence in a way that he goes beyond the second floor bend to the wall of the victim. Considering the above way of intrusion upon the victim's residence, there are many records of punishment due to the defendant's past residential intrusion, theft and sexual crime, etc., and the defendant's life on the reason of having access to the victim's residence is insufficient persuasive, there is a strong doubt that the defendant has invaded upon the victim's residence for other crimes.

However, the sentencing grounds favorable to the defendant shall be taken into account, such as the fact that the defendant has recognized a mistake, the defendant surrenders himself to an investigative agency, the fact that the victim does not want the punishment of the defendant, and the occurrence of subsequent crimes, etc., and the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the records and arguments, including the age, character and conduct