A defendant shall be punished by imprisonment for six 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

1. On December 8, 2019, the Defendant: (a) around 17:30 on December 17, 2019, the victim C in Gangnam-gu, Seoul, was living in front of his/her residence; (b) the Defendant claimed that the victim, who entered the house, did not open the entrance door; and (c) did not open the gas pipeline installed on the outer wall of the said residence; and (d) the victim, who was going up near the victim’s house windows, destroyed the market price of the aesthetic glass and shocked by selling the damaged glass and shocked room by hand.

2. At the time and place specified in the above paragraph 1, the Defendant, as described in the above paragraph 1, was in intrusion upon the victim’s residence by taking a gas pipeline installed on the victim’s house outer wall on the ground that the victim does not open the entrance door so that the victim can enter the victim’s house, and by putting the Defendant’s hand and shots into the victim’s house through a shoulder glass window.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the 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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order [the reasonable circumstance] Defendant is against the confession of each of the instant crimes.

There is a somewhat contingent aspect that the defendant committed the instant crime under the influence of alcohol.

The degree of residential intrusion is not much serious.

[Unjustifiable circumstances] On July 19, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of six months, due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Busan District Court.

There was no agreement with the victim.

The above circumstances are the character, character and environment of the defendant, and the motive and means of committing the crime.