A. As to the damage of property (damage of property and obstruction of performance of official duties) 1, the evidence submitted by the prosecutor alone alone does not reveal whether the victim E-owned passenger car was placed in front of the passenger car, and even if so, there is no evidence to deem that the defendant's act was due to the defendant's act. 2) As to the obstruction of performance of official duties, the arrest of the defendant cannot be deemed legitimate performance of official duties because it is difficult to see that there is a need to arrest the defendant at the time of the instant case, and there is no fact that the defendant assaulted the police officer H.

B. The lower court’s sentencing (ten months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below as to the damage of property, the defendant can recognize the fact that the defendant damaged the victim's passenger car glass as stated in the facts charged, and there is no error of mistake of facts as pointed out by the defendant in the judgment below.

[1] The Defendant, while under the influence of alcohol, set off the victim E’s passenger car free on his hand (Article 14, 27 of the Investigation Records); ② discovered that the victim had a gold in front of the said passenger car because the Defendant confirmed the favorable after the Defendant’s unloading (Article 27, 73 of the Investigation Records); ③ requested the repair company to receive a written estimate on the preferential exchange (Article 75 of the Investigation Records).

(1) According to the evidence duly adopted and examined by the court below as to the obstruction of performance of official duties, the police officer H was dispatched to the police station upon receiving a report, and the defendant was able to take a bath and sound on the road at that time, and the above H demanded that “I have to verify the identity of Ma, I have to take a bath,” but continued to take a bath (the investigative record No. 49 is recognized).

3.2