The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of misunderstanding of facts, the Defendant’s order and paid food to food was not food, and thus, the victim who is the cafeteria was required to leave the cafeteria.

There was a justifiable reason to refuse to comply with the Gu.

Therefore, defendant's act does not constitute a crime of non-compliance with eviction.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

According to the records, the facts charged in the instant case include not only the part of the “involuntary refusal to withdraw from around 15:30 on September 14, 2013 to around 17:00 on the same day (hereinafter “the first refusal to withdraw”) but also the part of the “involuntary refusal to withdraw from around 17:50 on September 14, 2013 to 18:05 on the same day” (hereinafter “the second refusal to withdraw”) which the lower court found guilty, and the lower court did not make any determination on the second refusal to withdraw.

Therefore, among the judgment of the court below, the omitted part of the above judgment should be reversed, and the part concerning the refusal of the first withdrawal should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more.

Even if there are such reasons for ex officio reversal, the defendant's assertion of mistake of facts is still subject to a judgment of the court, which will be examined below.

3. Judgment on the defendant's assertion of mistake of facts

A. At around 15:30 on September 14, 2013, the Defendant was demanded from the victim to leave the first place of the instant charges to be placed on the floor under the influence of alcohol while entering the E-cafeteria operated by the victim D in Gwanak-gu in Seoul Special Metropolitan City, and drinking and eating.

Nevertheless, the defendant does not respond to it and remains in the above restaurant until the police officer dispatched by the victim's report at around 17:00 on the same day arrives.