The judgment below

The part of conviction and the part of innocence shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (6 months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (as to the acquittal portion of the judgment of the court below), the defendant left the victim's residence from the month prior to the occurrence of this case, and leaves the victim's residence on July 3, 2018, which was before the occurrence of this case, and the defendant went to the victim's residence on July 3, 2018, despite the victim's demand to leave, and the police was called out upon the victim's report on July 4, 2018. The defendant was arrested as a current offender by the victim's behavior such as the victim's abusive language on the day of the case. The defendant appears to have temporarily resided in the victim's residence under the victim's understanding. In light of the fact that the defendant was living in the victim's residence, and the defendant was actually living in the victim's residence, and the defendant did not actually have been living in the victim's residence, the court below erred in the misapprehension of facts or by misapprehending legal principles as to this part of the charges.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine

A. On July 5, 2018, around 15:58, the summary of this part of the facts charged was demanded to request D to change from D, by taking the Defendant’s pro-friendly victim D, who is the Defendant’s relative in Gangnam-gu Seoul Metropolitan Government, to take a bath at the victim’s house, who was the Defendant’s relative in Gangnam-gu C.

However, the defendant did not comply with the request for withdrawal from D without any justifiable reason, because he did not receive it, by reporting D around 16:15 on the same day, until police officers arrive.

B. In the crime of refusing to comply with the order of the court below, "a person who fails to comply with the request of the eviction" refers to a person who has lawfully or negligently entered the residence of another person.