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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, by assaulting a police officer D, did not interfere with the performance of official duties, the lower court convicted him of the facts charged in this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (one year of suspended execution of six months of imprisonment, one year of community service, 120 hours of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by the court below, it is recognized that the Defendant, upon receiving 112 reports as stated in the lower court’s holding, expressed the police officer D’s desire to ask questions about the circumstances of the instant case, and obstructed the police officer’s legitimate performance of duties by giving him/her one time at the chest PC used by the police officer.
Therefore, the defendant's above assertion is without merit.
① The police officer D stated in the lower court that “the Defendant was on the chest PC used by the Defendant’s hand” (75 pages of the trial record), and the police officer E also explained that “the Defendant was tightly sealed by the Defendant under the influence of the knick PC on his hand.”
At the time of the assault, grandchildren used the bble PC and made a statement to the chest was certain (100,104 pages of the trial record). The police officer D and E’s statement not only is specific and clear, but also it is difficult to find any specific motive to make a false statement.
② Meanwhile, F made a statement to the effect that the Defendant did not assault the police officer D at the lower court. However, F merely made a statement to the effect that, at the time of the instant case, F was “the Defendant and the police officer were francing due to sound,” which was “the Defendant and the police officer were francing out of the time of the instant case,” and did not make any question at all regarding the specific situation.