A. The Defendant of mistake of facts is merely a fact that he made a big speech to C or D with a fire official, and there was no assault against the said fire official.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of each of the charges of this case.

B. In light of the fact that the Defendant committed each of the instant crimes by drinking alcohol and contingently, the Defendant engaged in a large number of volunteer activities for police officers, and the health is not good, the lower court’s sentence that sentenced a fine of KRW 3 million is too unreasonable.

2. Determination

A. In light of the following: (a) the Defendant’s 119 report on the assertion of mistake of facts was received and sent to the site; (b) C/D sent from the investigative agency to the court of original trial; (c) the process of the dispatch from the investigation agency to the site; (d) the situation at the time of the dispatch; and (c) the Defendant assaulted and specifically stated the fire officer C/D and the situation before and after the dispatch, the statement made by C/D

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error as alleged in the grounds of appeal, in light of the evidence duly adopted and examined, such as the respective legal statements of C and D and each written diagnosis of injury.

B. The Defendant, at the Seoul Southern District Court on July 25, 1991, sentenced one year of suspended sentence to one year due to the obstruction of performance of official duties, etc., and was sentenced to a fine due to the crime of injury, etc. However, the Defendant also committed each of the instant crimes. In addition, taking into account the motive and background of each of the instant crimes, the circumstances before and after the instant crimes, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment, as indicated in the instant records and arguments, the grounds for appeal are asserted.