A. misunderstanding of facts or misunderstanding of legal principles ① the Defendant may take a bath at his own house to the staff or police officers of the guard company and arrest him as a crime of insult.

Although the facts of the police officer are written and shaking, the offense of insult is an offense subject to prosecution subject to prosecution subject to prosecution subject to prosecution, and there is no regular accusation of the guard company employees or police officers at the time, so the offense of insult can be arrested as an offense of insult.

The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, where the police officer's duties are improper, and the court below, which committed a crime of obstructing the performance of official duties by putting down the clothes of the police officer on the ground of resistance.

② Although the Defendant was sent to a police officer at a police box in the House D Police Station in the Changwon, the Defendant resisted the Defendant’s request to appoint a defense counsel, and resisted the police officer’s improper performance of official duties by neglecting the Defendant’s request, and making the Defendant wear the door up for a defense counsel. The lower court erred by misapprehending the legal doctrine regarding the rate of interference with the performance of official duties, or by misapprehending the legal doctrine, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (ten months of imprisonment, two years of suspended sentence, and 120 hours of community service) is too unreasonable.

2. Determination

A. Determination on the misunderstanding of facts or misapprehension of the legal doctrine 1) The above assertion 1

A. With respect to a crime for which a complaint or accusation can be discussed under the relevant legal principles, a complaint or accusation is merely a condition for prosecution, and is not a requirement for the establishment of the crime or a condition of investigation. Thus, a criminal investigation was conducted before a complaint or accusation is filed in relation to the above crime.

Even if there are no special circumstances, such as the fact that the investigation was conducted under a condition that there is no possibility of a charge or accusation, the investigation does not become unlawful solely on the ground that the investigation was conducted prior to the filing of the complaint or accusation (see Supreme Court Decision 201Da1069, Mar. 10, 201).