A. The police officer did not assault the police officer as stated in the facts constituting a crime in the judgment below.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, however, the police officer F made a statement from an investigative agency to this court that corresponds to the facts stated in the judgment, and the statement is consistent and specific, as well as the witness G’s testimony is also reliable in line with this Opinion.

According to the F’s statement and the witness G’s statement, it can be sufficiently recognized that “the Defendant committed a crime as indicated in the lower judgment.”

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful assertion of sentencing, it is recognized that the degree of the instant assault is relatively minor.

2) However, the Defendant committed the crime of assaulting a police officer who properly performs official duties. Nevertheless, the nature of the crime is not good, and the Defendant did not seem to have a genuine attitude while denying the crime, and the obstruction of the performance of official duties requires strict punishment as an offense detrimental to the State’s function by nullifying justifiable exercise of public authority, and there is no special change of circumstances after the pronouncement of the lower judgment, and taking account of other various circumstances, such as the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.