All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant alleged the Defendant’s misunderstanding of the facts did not intentionally walk the face of police officers G.

Nevertheless, the judgment of the court below which found the defendant guilty of obstructing the execution of official duties among the facts charged in this case is erroneous.

B. The sentence of the lower court’s wrongful assertion of sentencing is unfair.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as to the defendant's assertion of mistake of facts, and the records and arguments, the defendant's assertion of mistake of facts can be sufficiently recognized as impeding the performance of official duties among the facts charged in the instant case including the criminal intent, and even if the defendant did not have a conclusive intent to assault the defendant's G, it seems that his appearance may be at the face of the police officer in the process of brupting the police officer's face in the process of committing the crime. Thus, the defendant's assertion of mistake of facts cannot be accepted.

A police officer G stated in the court of the court below that he intentionally saw the Defendant to walk her face in the process of putting the Defendant into the next page (No. 40 pages of the trial record). He testified that at the time of the court of the court below, H saw that at the time of the court of the court below, at the time, the Defendant was placed in the back seat of the patrol and two of the Defendant were launched.

진술하였다( 공판기록 제 58 면). 다른 목격자인 E도 경찰수사과정에서 ‘G 이 자세를 숙여 피고인을 순찰차에 태우려고 하는데, 피고인이 G을 일부러 걷어찼다’ 는 취지로 진술하였고, 당 심 법정에서 ‘ 피고인이 고의로 찬 것인지는 잘 모르겠지만 피고인이 순찰차 안으로 들어간 상태에서 무릎을 굽혔다 펴서 차는 것을 보았다’ 는 취지로 진술하였다.

B. The lower court set the reasons for sentencing of the lower judgment on the unfair argument of sentencing.