A. misunderstanding of facts and misapprehension of the legal principles 1) As the police box pertaining to the refusal to leave does not constitute the object of the crime of refusal to leave, since the police box does not have a sanction for entry by the general public, it does not constitute the object of the crime of refusal to leave. The Defendant did not comply with the request

Even though it can not be punished as a non-compliance crime, it can only be punished as a violation of the Punishment of Minor Offenses Act.

Nevertheless, the judgment of the court below finding guilty of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

2) As to interference with the execution of official duties, the Defendant merely spits spits down on the floor of a high spit in the drafting while under the influence of alcohol, and there is no spits or spits on the face of the police officer, so it is consistent with the Defendant’s investigation report as to this part of the facts charged originally by the police officer against the Punishment of Minor Offenses

Nevertheless, the judgment of the court below finding guilty of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

B. The punishment of the lower court (the imprisonment of eight months and the fine of KRW 600,00) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts and misapprehension of legal principles as to the non-compliance with the refusal to leave is a de facto crime of protecting the peace of residence. As such, the crime of refusing to leave is established when the manager does not comply with the demand for eviction against the explicit or implied intent of the manager in the dwelling, building, ship, aircraft, or occupied room managed by the person. Meanwhile, the reason why the place is open to the general public such as government offices and the place of free access is to promote the convenience of the people with normal usage in relation to the business, and thus, the crime of refusing to leave is the object of the crime of refusing to leave.