A. At the time of misunderstanding of facts or misunderstanding of legal principles, the Defendant complained for the suppression of finding in the D District, but several police officers resisted the Defendant out of the D District without any condition, and carried out unlawful performance of official duties. The Defendant’s act was passive resistance in the process of resisting such unlawful performance of official duties, and thus, it does not constitute the crime of obstruction of performance of official duties.

B. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

C. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The following facts can be acknowledged by the court below's determination on the assertion of mistake of facts or misapprehension of legal principles by the evidence duly adopted and investigated by the court below: ① the defendant was unable to resist the bus on the day of the instant case; ② the defendant was faced with a disturbance on the bus of the instant case; ② the defendant was found in the D District; ② the police officer asked the defendant to return home to the police station several times; and the defendant was notified that he could be subject to criminal punishment; ③ the police officer did not return home to the earth; ③ there was a defect that the police officer attempted to show the defendant out of the earth; ④ the police officer's use of violence by visiting the Eul's arms; ④ the police officer's arrest; and ④ the police officer's execution of official duties is deemed legitimate at the time, so the police officer's unlawful performance of official duties is presumed to be lawful; and the defendant's assertion on this part is without merit.

B. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant drinks at the time of committing the instant crime.