The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is aware that the other party was a police officer, and assault and take a bath.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The following facts are acknowledged based on the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts. i.e., ① two police officers shouldering the defendant who was divingd on the road at the time, and the defendant did not seem to have been aware that he was a police officer even if all the two police officers report him, ② police officers E appears to have a significant mind at the time of the defendant in the trial court, and the statement was made by the defendant that he was aware that he was a police officer at the time of the time when he was aware that he was a police officer, and even if the defendant was aware that he was a police officer before he was informed of the fact that he was a police officer at the time of the instant case. However, in light of the fact that the defendant made a statement that he was unable to memory him at all at the time of the investigation agency (Article 25-27-27 of the Investigation Records).

Therefore, the court below's determination that the defendant was guilty is just and acceptable, and there is no mistake of mistake of facts as alleged by the defendant.

B. As to the assertion on unfair sentencing, it is recognized that there are favorable circumstances such as the police officer’s wishing to leave the Defendant, and the Defendant’s consent to commit the instant crime.

(b).