The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해( 공무집행 방해의 점) 피고인은 파출소에 도착하여 순찰차에서 스스로 하차하였는데 경찰관 2명이 피고인의 양쪽 팔짱을 끼고 파출소로 데려가려고 하기에 경찰관의 팔을 뿌리친 것일 뿐이고 순찰차에서 내리지 않고 경찰관들에게 욕설을 하며 버틴 사실은 없다.

In addition, police officers at the time were trying to force a defendant who was in the process of voluntary accompanying to commit a crime of interference with the execution of official duties because the execution of duties by police officers was not legitimate.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court also asserted the same as the grounds for appeal.

In light of the following circumstances, the lower court can sufficiently recognize the fact that the Defendant committed a crime interfering with the performance of official duties, as stated in the instant facts charged.

In light of the above, the defendant was pronounced guilty.

(1) The Defendant, who was under suspicion of a traffic accident resulting from drinking driving, attempted to drink his/her police box within the patrol boat while voluntarily accompanying the investigation of the accident, and refused to take the police box at the patrol boat without justifiable grounds when arriving at the parking lot for the police box.

Meanwhile, in this process, the Defendant did not express his intent to escape from voluntary accompanying (the Defendant voluntarily stated to the effect that he had the intent to voluntarily accompany at the time). ② As the police demanded the Defendant to take the clothes of the Defendant and take off from the patrol car, the Defendant committed assault against the police E as stated in its reasoning.

On the other hand, the Defendant tried to get off the patrol box from the patrol box to the patrol box.