공무집행방해
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)
A. misunderstanding of facts and misunderstanding of legal principles are the Defendant, who led C police officers affiliated with the Incheon Regional Police Agency B, and the Defendant was involved in the body of police officers, and there was no intention of assaulting the police officers.
Even if the defendant used violence against the defendant, the arrest of the defendant without notifying the defendant of the principle of Disturbance is illegal execution of official duties, and the defendant's act constitutes self-defense.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. Determination
A. The court below rejected the above assertion by the defendant as to the assertion of mistake of facts and misapprehension of legal principles as to the grounds for appeal of this case at the court below, and the court below stated that the defendant had been arrested as a flagrant offender of the obstruction of performance of official duties on the following grounds: (i) the defendant was arrested as a flagrant offender of the obstruction of official duties after he assaulted the police officer C by selling his title in his arms; and (ii) the defendant was arrested as a flagrant offender of the obstruction of official duties on September 11, 2018 in the prosecutor's investigation and was notified of the grounds for arrest and the right to appoint a counsel (Evidence No. 695 of the record). In addition, the court below's determination is justified in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant committed the crime of this case at time, prior to the arrest of the police officer, and it is difficult to view it as an illegal arrest.