A. Defendant (1) misunderstanding of facts and misapprehension of legal principles (A) misunderstanding of the facts charged, the Defendant did not support the E’s reciting part of the judgment, as stated in the facts charged.

(B) The police officer E and F, without notifying the reason for arrest, arrested the Defendant as a current criminal and put the Defendant into a police box after arresting him/her. Thus, the above police officer’s act cannot be deemed lawful performance of official duties.

(2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the lower court acknowledged the fact that the Defendant committed assault against a police official in lawful performance of official duties by assaulting the E’s reciting body as stated in the facts charged.

① E은 수사기관에서부터 원심 법정에 이르기까지 구체적이고 일관되게 피고인이 발로 자신의 낭 심 부위를 걷어찼다고 진술하였다.

E's statement shall be substantially consistent with the images taken by CCTV in a Do box.

② At the time of arrest, E informed the court of the original instance of the reasons for arrest as stated in the reasoning of the arrest.

’라고 진술하였고, F이 체포 직후 작성한 수사보고에는 ‘ 공무집행 방해 혐의로 체포 고지 후 순찰차에 태우려고 하자 피고인이 욕설을 하며 발로 순찰 차 조수석 부위를 발로 찼다.

In the process of arresting the Defendant, F can be recognized that the Defendant stated the reasons for arrest in accordance with Article 200-5 of the Criminal Procedure Act.

Therefore, this part of the defendant's argument is without merit.

B. The Criminal Procedure Act, which adopts the principle of court-oriented trials and the principle of direct determination as to the unfair argument of sentencing by the defendant and the prosecutor, also examines the sentencing determination.