A defendant shall be punished by imprisonment for six months.

Criminal facts

1. The Defendant, who failed to leave, received a request from the victim C to around 01:30 on March 7, 2019 to around 02:25 on the same day from March 7, 2019, to leave the victim without justifiable reasons for about 55 minutes even though he/she received a request from the victim C to “D” singing room operated by the victim C on the first floor underground of the building B in Gwanak-gu in Seoul Special Metropolitan City.”

The Gu refused to comply with the Gu.

2. 모욕 피고인은 2019. 3. 7. 02:20경 위 노래방에서 112신고를 받고 출동한 관악경찰서 E지구대 소속 순경 F, 경장 G에게 “이 씨발놈들아, 이 씹새야, 이 씨발년들이, 야 빽차 어딨어, 이 좆만한 새끼들이, 앞으로 좆같이 말하면 나 친다”라고 욕설을 하는 등 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

2. Written statements of C, F and G;

3. Application of the Acts and subordinate statutes governing the complaint;

1. Article 311 of the Criminal Act and Article 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense (a point of refusal to leave);

2. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (with respect to the offense of insult)

3. Selection of each sentence of imprisonment;

4. In light of the fact that the Defendant had several criminal records of the same kind, despite being under the suspension of execution, committed the instant crime, among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the long-term sentences of the two crimes), among the concurrent crimes, the Defendant may not be subject to strict punishment.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant agreed with the victim of the crime of non-compliance with the eviction; (b) the Defendant recognized his mistake; and (c) the Defendant’s age, character and conduct, environment; (d) the process and consequence of the instant crime; and (e) the circumstances of sentencing