A. misunderstanding of facts and misapprehension of legal principles (i.e., injury inflicted by the victim K is extremely minor and cannot be deemed to impair the completeness of body, and thus does not constitute injury under the Criminal Act.

The defendant's interference with the violation of the Punishment of Violences, etc. Act (joint assault) and the performance of official duties is limited to the expansion of fighting and preventing the victim H from leaving the G burial as stated in the judgment of the court below (hereinafter "the burial of this case"), and there was no intention of assault against the defendant.

In addition, the defendant only made a legitimate resistance to the police officer's strong pressure investigation, and did not have any intention to obstruct the defendant's execution of official duties.

B. The sentence of the lower court’s improper sentencing (one year of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the statement of injury submitted by the victim of the crime of misunderstanding of facts (i.e., injury) is generally considered as the cause of injury based on the victim’s statement, and the doctor mobilized medical expertise to observe and observe the injury, and stated the part and degree of the injury determined. It is insufficient to be evidence to prove that the injury as mentioned above was caused by the Defendant’

However, unless there are special circumstances, such as the occurrence date and time of the injury, and there is no reason to suspect particularly credibility in the process of issuing the written diagnosis of injury, and where the part and degree of the injury as stated are consistent with the cause and circumstance of the injury claimed by the victim, the injury diagnosis shall be accompanied by the victim’s statement and the defendant’s injury.