A. The lower court found the Defendant guilty of this part of the facts charged, inasmuch as the Defendant misunderstanding the facts did not assault the victim as stated in the facts constituting a crime of paragraph (1) of the lower judgment, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mistake of facts: (i) the victim actively reported damage to police officers dispatched from the Defendant at the time of the instant case; and (ii) the victim’s statement in the investigative agency that conforms to this part of the facts charged is specific and consistent and reliable; and (iii) the fact that the Defendant spits the victim’s face, thereby making it possible to fully recognize the fact that the Defendant spits the victim’s face, thereby adversely affecting the conclusion of the judgment, as pointed out by the

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

B. The fact that the Defendant had been aware of the crime of interference with the performance of official duties among the crimes of this case, which led to the trial of the judgment on the unfair argument of sentencing, shows an attitude against the Defendant, which was favorable to the Defendant. However, the crime of this case was punished several times by the Defendant, who was under the influence of alcohol, by spiting the Defendant’s spite while taking a bath to a taxi engineer without any particular reason. The crime of this case was committed by assaulting the police officer upon receiving a report, thereby obstructing the legitimate performance of duties concerning the police officer’s criminal investigation, etc., and the crime of interference with the performance of official duties, such as this case, needs to be punished.