Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal record] On October 30, 2020, the Defendant was sentenced to two years of grace period of imprisonment with prison labor for obstruction of business to Seoul Southern District Court, and the above judgment became final and conclusive on November 7, 2020.
[Criminal facts] On August 27, 2020, around 00:30 on August 27, 2020, the Defendant came to the victim C’s house located in Eunpyeong-gu, and invaded upon the victim’s residence.
Summary of Evidence
1. The defendant's legal statement C in court;
1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);
1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. Article 39 (1) of the Criminal Act exempted from punishment (the content of the instant crime, the point agreed with the victim, and the equitable consideration between cases where punishment has been imposed concurrently with the obstruction of business recorded in the judgment, etc.);