A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 16:00 on October 24, 2016, the Defendant refused to leave from the victim D's office in Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government on the ground that he/she had an internal relationship with her husband at the victim D's house and did not comply with the demand from the victim after entering the victim's house on the ground that he/she had an internal relationship with her husband, but did not comply with the demand, on the same day, at around 16:10 on the same day, he/she left the house until the police officer dispatched by the victim's report arrives at the house, and therefore, he/she did not comply

2. On October 24, 2016, the Defendant violated the victim’s residence by taking advantage of the gaps that the husband left and entered the same place as the above paragraph 1 at around 20:30 on October 24, 2016.

3. The Defendant committed assault against the victim, such as: (a) having entered the victim’s husband at the same time and at the same place as the above 2 paragraph; (b) having taken care of the victim’s husband; and (c) having received a demand from the victim to leave the victim, pushing the victim’s chest.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 319(1) of the Criminal Act applicable to the crime (the point of intrusion upon residence), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to leave), Article 260(1) of the Criminal Act (the point of assault) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to four years;

2. Where the scope of the recommended punishment according to the sentencing guidelines (the sentencing guidelines are not applicable to the crime of intrusion upon residence and the crime of refusing to leave, and thus only the lowest limit of the recommended sentence scope shall be followed) / [the scope of the recommended punishment] mitigated area (one month to eight months) (special mitigation person) / Where the degree of assault is insignificant (the types 1, 6, and 7).

3. On the day of the determination of sentence, the victim was found at the victim's residence on the day of the determination of sentence, and the victim's detention.