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

1. At around 18:20 on September 19, 2016, the Defendant: (a) was drunk in front of the “D” restaurant operated by the victim C located in Yongsan-si, Osan-si; (b) the Defendant asserted that the victim did not repay 2 million won from the Defendant; and (c) entered the victim’s house through the restaurant entrance opened therein, and invaded the victim’s residence.

2. The Defendant causing property damage: (a) the date and time set forth in paragraph (1) of this Article; and (b) the line of an electric cable at the end of the victim’s house, which was located in front of the victim’s house, is cut down by hand, and damaged the victim’s market price in an amount equivalent to KRW 300,000, in total at the market price of KRW 301,000,000, which was caused by the said restaurant building columns.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on investigation (verification of estimated damage);

1. Application of statutes on photographs, such as the scene of damage;

1. Relevant Article 319(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation include not only intrusion upon the victim's residence, but also damage to the victim's property, the majority of the defendant was punished for violent crimes, and the defendant was placed in the place of suspended execution as to obstruction of business and damage to property on November 2012. Even though it was not subject to criminal punishment, there were several cases where the defendant was placed in the place of suspended execution as to the crime of assault and other crimes, even though it was not subject to criminal punishment, the defendant agreed with the victim, and the sentencing conditions specified in the records and arguments are considered.