퇴거불응
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) is that the Defendant returned to the outside of the hospital with the permission of the hospital, but the captain and the staff of the hospital were forced to attach him/her to the police officers dispatched to the hospital while asking for the withdrawal without any special explanation.
Therefore, the necessity of the removal of the hospital officer and staff members
In addition, the Gu is not just, and the defendant leaves the ward's office as stated in the facts charged of this case.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. According to the evidence duly admitted and examined by the court below, the court below revealed that ① when the patient in the hospital was hospitalized at the time of the instant case, the defendant prepared and submitted a written out outing pledge without preparing a written outing pledge, the defendant returned to the hospital at the latest from the time of drinking without permission, ② the defendant was aware that E, who is the officer and staff of the hospital, was discharged from the hospital under the direction of the doctor on the ground that he did not leave the hospital without permission and did not cooperate treatment, and ③ the defendant requested the withdrawal from the hospital under the direction of the doctor; ③ the defendant was unable to leave the hospital at the hospital at the Dhode in the Dhode (refer to the evidence record 15 photographs) until the police officer was dispatched (refer to the evidence record). Ultimately, it can be acknowledged that the police officer sent to the hospital after receiving a report.
According to the above facts, E's demand to leave the defendant according to the intention of the hospital to prevent the defendant from entering the hospital is just, but the defendant's refusal to leave the hospital constitutes a crime of non-compliance with the eviction because it damages the peace of the building in fact.
Therefore, the defendant's mistake and misunderstanding of legal principles.