A. The Defendant did not have committed any assault against a police officer, such as the instant facts charged.

B. The lower court’s sentencing (two months of imprisonment, suspension of execution, and community service order 80 hours) is too unreasonable, even if it is not so unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts can be acknowledged based on the evidence duly adopted and investigated by the court below, i.e., ① the traffic of the Busan Coast Guard and the police officers assigned to the Busan Coast Guard, the background and behavior of the defendant, the defendant's speech and behavior, and the defendant's process of assault, etc. at the time. ② According to the image of the photograph taken by B and C, it can be recognized that police officers were assaulted on the same parts as the facts charged in this case. ③ The defendant sent home to himself without any reason, and there was no evidence to acknowledge the defendant's assertion, but there was no evidence to acknowledge the defendant's assertion. ④ The defendant led all of the facts charged in this case from the investigation agency to the court of the court below, and there was no other circumstance to suspect the confession, and there is no objective circumstance that the defendant did not commit assault in this part of the facts charged in this case.

B. The crime of this case is committed in favor of the defendant, such as the fact that police officers did not have any injury due to the defendant's crime of determining unfair sentencing, and that the defendant had no record of punishment for the same kind of crime before.