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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not interfere with the police officer’s performance of official duties at the time of the original trial.
Nevertheless, the court below convicted the defendant, which is erroneous in the misunderstanding of facts.
B. The Prosecutor’s appeal against the Defendant by the lower court (the suspended sentence of a fine of three million won) is too unhued and unreasonable.
2. Determination
A. At around 22:40 on October 13, 201, the Defendant was arrested by a police officer who received a report on the reason that he was suffering from the injury to other persons on the same day and was arrested by the police officer on the ground that he was sent to the public notice of the damage to other persons on the same day at a D restaurant located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and that he did so, the Defendant also found the above district unit around 23:35 on the same day.
Then, the Defendant: (a) committed an assault on the part of the Defendant, such as her son, her patrol car, having opened a steering house, and her seated at the steering force, and her her seated at the steering force of the police station to take over the E, for which he was arrested by the police officer of the said G District; (b) she her her hand her her hand her her shoulders the right shoulder of the police officer H; and (c) her her her her seated at the steering force of the police station, she obstructed the Defendant’s legitimate performance of duties concerning the police officer’s escorting duty for about 10 minutes by assaulting him/her, such as her her seat on the front door, her patrol car, and her her seated at the steering force.
B. The burden of proving the facts charged in a criminal trial for the judgment on the grounds for appeal lies with the prosecutor, and the conviction shall be based on the evidence with probative value sufficient for the judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant may be found to have no such evidence.