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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant;
A. In a mistake of fact, a taxi engineer who the defendant refused to take passengers and a police officer on the scambling. The police officer called out, without hearing the defendant's talking, contacted the body of the defendant on the chest of another police officer by plucking or plucking the defendant's arms, and there was no assault by the police officer due to drinking and head.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 1,800,000) is too unreasonable.
2. Determination on the grounds for appeal
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, D and E arrive at the site after the defendant under the influence of alcohol arrives in a restaurant and discovered the defendant and asked his/her personal information. It is recognized that the defendant committed an act, such as taking a bath to police officers D, keeping his/her breast in a drinking house, and staying his/her head, etc. according to the above facts, it is sufficiently recognized that the defendant committed an offense of obstruction of performance of official duties by assaulting a police officer on duty, and thus, the defendant's assertion of mistake of facts is groundless.
B. As the Defendant’s decision on the assertion of unfair sentencing was dispatched by the restaurant, the circumstances prior to the instant crime are not good, the crime of obstruction of performance of official duties requires strict punishment as an offense that undermines the function of the State by nullifying the legitimate exercise of public authority. The lower court appears to have determined the punishment by reducing the summary order of KRW 3 million by taking into account all favorable circumstances for the Defendant, without any special circumstances or changes in circumstances that may be considered newly after the pronouncement of the lower judgment, the Defendant denies the crime and did not properly reflect the mistake, and the method, background, circumstances, and circumstances after the crime of this case were committed.