A. There was no mistake of fact that the defendant used the victim E or police officer G at the time of the instant case.

B. Although the Defendant used a misapprehension of the legal doctrine as an assault against the victim E, the police officer had already finished the situation at the time of arresting the Defendant, and thus did not meet the requirements for arrest of the offender

Therefore, it cannot be said that the defendant committed an act of obstruction of performance of official duties with passive resistance to resist the lawful arrest act.

C. The sentence of the lower court’s unreasonable sentencing (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of probation and community service) is too heavy.

2. Determination

A. In light of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the result of video verification of black boxes installed in the victim E-si and the statement of the victim E and the victim G, etc., the defendant assaulted the victim E as stated in the judgment of the court below on the day of the instant case. However, according to the result of verification of black images, the time of assault committed by the defendant appears to be between 6-7 minutes and 01:29 on June 1, 2014 and 01:29 on June 1, 2014, which is above 6-7 minutes and above, but the difference does not amount to the extent that it would cause a substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, the time for the crime as

This part of the defendant's assertion is without merit, since it is sufficiently recognized that the defendant committed violence, such as the price of the lecture of police officers G who called after receiving a report from the victim E.

B. As to the assertion of misapprehension of the legal doctrine, “the latter person to commit a crime” as stipulated in Article 211(1) of the Criminal Procedure Act refers to cases where it is evident that a person who arrests is an offender immediately after the commission of the crime. As such, there is clear evidence to regard the person who is arrested as time or place as an offender who committed the crime.