The defendant shall be exempted from punishment.

Punishment of the crime

[Criminal Power] On May 19, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and fine of two million won in the Incheon District Court for special intimidation, intrusion upon a building, or assault, and the judgment became final and conclusive on July 30, 2016.

【Criminal Facts】

On April 11, 2016, the defendant around 13:20, the second floor office in front of the Nam-gu Incheon Metropolitan City C Victim D, which had been operated by the defendant, to restrict outside person's access, and to set the entrance door locked to anyone, the defendant should enter the office of the first floor with an employee's instruction. However, the defendant's second floor office was opened to the above second floor office through the stairs following the building, and then intrudes the victim's structure.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Before judgment: Application of Acts and subordinate statutes to resident inquiry and criminal records, and report on the results of confirmation (Attachment of judgment) before and after disposition;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act with regard to concurrent treatment and exemption from punishment are those that the defendant intrudes on the structure against the victim's will, but are not those that.

However, the crime of this case seems to be part of the crime resulting from a series of disputes between the defendant and the victim, which was committed in the first head of the judgment which became final and conclusive.

The defendant recognizes a crime regardless of circumstances.

Therefore, the punishment shall be exempted in consideration of the equity in cases where the judgment is rendered simultaneously with each crime described in the first head of the judgment.