A. The Defendant alleged a mistake of fact was under the influence of alcohol and assaulted by the other party despite being aware of the police officer, so there was no intention to interfere with the performance of official duties.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Since the Defendant, who has not claimed mental and physical weakness, committed the instant crime while lacking the ability to discern things or make decisions, punishment should be mitigated in accordance with Article 10 of the Criminal Act.

(c)

Even if the facts charged in this case are found guilty, in light of the fact that the defendant committed the crime in this case by drinking alcohol and the defendant is chilling his mistake in depth, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant admitted the instant facts charged at the lower court, and according to the evidence duly admitted and examined by the lower court, the Defendant knew that he/she was a police officer, as stated in the instant facts charged, and sufficiently recognized the facts of assault.

The defendant's assertion of facts is without merit.

B. In light of the background leading up to the Defendant’s committing the instant crime, the means and method of committing the instant crime, etc., it is not determined that the Defendant did not have the weak ability to discern things or make decisions at the time of preventing the instant crime.

The defendant's mental and physical weak argument is without merit.

(c)

There is no special circumstance or change of circumstances that can be newly considered after the decision of the court below on the unfair argument of sentencing.

In addition, the records of this case, such as the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and records of the crime, including those favorable or unfavorable to the defendant.