공무집행방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant did not assault the defendant by pushing the shoulder of the chief secretary D in C military service.
Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.
2. The following circumstances acknowledged by the lower court and the first instance court’s duly admitted and investigated evidence, i.e., the chief of C military service office: (i) the Defendant consistently states his/her shoulder in a specific and consistent manner (the 22th page of the evidence record and the 23th page of the trial D examination record); and (ii) the Defendant was working in the reading room at the time of the instant case.
E Even in full view of the fact that the defendant consistently states the witness of D's shoulder (the 14th page of the evidence record, the E-examination protocol of the witness examination of the court) and the contents of the investigation report on the scene immediately after the instant case, it can be sufficiently recognized that the defendant committed an assault by the shoulder of D who is a public official.
Therefore, the above argument by the defendant cannot be accepted.
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.