The defendant's appeal is dismissed.

Expenses incurred in relation to witnesses shall be borne by the defendant from among the costs of trial in the trial.

1. The lower court dismissed the public prosecution regarding the Defendant’s assault among the facts charged, and found the Defendant guilty of obstructing the performance of official duties. Accordingly, the lower court appealed on the remainder other than the dismissed part of the prosecution.

The judgment below

Since the part of dismissal of public prosecution becomes final and conclusive separately from the length of appeal, the scope of adjudication of this court shall be limited to the remainder except the part of dismissal of public prosecution among judgment below

2. The accused of the grounds for appeal does not assault the victimized police officer, as described in the facts charged.

The judgment of the court below which found the defendant guilty of interfering with the performance of official duties is erroneous in the misapprehension of facts or legal principles.

3. According to the evidence duly adopted and examined by the court below and the court below (in particular, the court below's statement by the damaged police officer F), the defendant may fully recognize the facts that the defendant assaulted the damaged police officer as stated in the facts charged in this case and interfere with the legitimate performance of duties by the damaged police officer.

The defendant's assertion of mistake or misunderstanding of legal principles is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

In addition, according to Article 191(1) and the main text of Article 186(1) of the Criminal Procedure Act, the costs of the witness among the costs of the lawsuit incurred in the trial of the party shall be borne by the defendant (in this case, the detention of the case is a necessary national ship, so the cost of the national defense counsel shall not be borne).