Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 10, 2015, the defendant found E (D president) at the D office managed by the victim C representative in Geum-gu, Busan Metropolitan City on November 17:30, 2015, but did not request the victim to return E (D president) but requested the victim to leave from the office at around 18:00, the defendant was called the victim to leave from the office.

However, the defendant does not comply with it, and until the police officer dispatched by the report of the victim on the same day at around 18:30 on the same day arrives, he/she leaves the office, and without justifiable reasons, leaves the office.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Judgment on the defendant's assertion that some statements are written in the police statement regarding E

1. Taking account of the fact that the defendant's refusal to leave does not fit but the defendant's act is not unlawful when considering the fact that the victim, who has been obligated to explain the president, demands the defendant to leave on the ground that his/her retirement is late, demands the defendant to leave the office on the ground that he/she is unable to find an office under the situation of the defendant's custody.

2. The defendant's justifiable reason to leave the victim

The circumstance in which the defendant asserts that he did not comply with the Gu is considered in sentencing (the defendant wanting to be sentenced to a suspended sentence, but it is difficult to view that the defendant has a criminal record and is disqualified from the suspended sentence) to justify the defendant's act. Thus, the above argument by the defendant is rejected.

Application of Statutes

1. Article 319 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;