A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On December 3, 2019, the Defendant was demanded to demand the victim D (V, 59 years of age) located in Guro-gu Seoul Metropolitan Government B and C around December 16, 2019 to leave the disturbance from the person who suffered damage while under the influence of alcohol.

However, the Defendant refused to comply with the request for withdrawal of the victim without justifiable reasons, because the police officer called out by the victim's report at around 17:00 on the same day failed to comply with the request and failed to leave the above house before arrival.

2. Around 10:00 on December 29, 2019, the Defendant violated the victim’s residence against the victim’s will, under the influence of alcohol, went into the front of a multi-household house where the victim D resides in Guro-gu Seoul Metropolitan Government B and C, and went into the front of the victim’s residence through the said multi-household house gate, and went into the front of the victim’s house gate, which is the victim’s residence.

Summary of Evidence

1. A written statement E in some legal statements of the defendant D and E in each part of the legal statements of the defendant;

1. The Defendant asserts that there was no demand for the eviction from D in relation to paragraph (1) of the instant report processing statement of 112 reported case ( Case number 4487), investigation report (where a victim D’s statement is attached to CDs), investigation report (to hear the victim E’s statement) (see, e., Supreme Court Decision 201Da1112, Dec. 3, 2019).

However, according to the aforementioned evidence, the Defendant, at the house of D on December 3, 2019, went to the Defendant, while drinking together with D and D’s maternal ties, he saw D’s maternal ties while drinking together with D and D’s maternal ties, and rancing a disturbance, and E, at the site of contact with D and D, has changed to the Defendant.

Although the Defendant does not request, D directly reported to the 112 that “I reported a failure on November 29, 2019, and I, today, that I will die of her mother.”

Even if D did not explicitly indicate the demand for eviction, the demand for eviction in the crime of non-compliance with the request for eviction must be explicitly expressed.