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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-finding and legal principles, the Defendant alleged to the victims, or the defense counsel’s explanation of the grounds for appeal sent on December 31, 2020, it stated to the effect that he/she interfered with the performance of official duties. However, in light of the reasoning for appeal presented on January 8, 2021 and the purport of the statement presented on January 8, 2021 at the first trial date, the Defendant is trying to dispute over insult.
Despite the fact that violence has not been used, the court below found all of the facts charged of this case guilty is erroneous in the misunderstanding of facts and legal principles.
B. The Defendant suffered from a certain kind of disease, etc. at the time of the instant case, and went to the instant crime under the condition that the Defendant had lost or weak capacity to discern things or make decisions.
(c)
The punishment sentenced by the court below to the defendant (10 months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. In light of the following circumstances revealed by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts and legal principles, the defendant can sufficiently recognize the fact that the victim, who is the police officer, expressed in the facts charged of this case, expressed a desire to commit the crime of this case and used violence. Thus, the court below which found the defendant guilty of the crime of this case is justified, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles
Therefore, this part of the defendant's argument is without merit.
1) The victims consistently stated at the investigative agency to the court below that “the victims were dispatched upon the report of the victims, and the Defendant saw a sense of shameing the victims as stated in this part of the facts charged,” and that “the victims saw the victim’s interest, during the process of making the victim’s interest seated, the Defendant committed one-time violence on the victim’s clothes by drinking.”