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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the police officers, who were called for a fact, forced the Defendant, who did not commit any crime, resisted the Defendant, and forced the Defendant to take aboard the police station, the Defendant’s illegality is dismissed as an act that does not go against the social norms.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the following facts are as follows: ① around November 26, 2014, the defendant left a car parked in the front of the Changpo apartment located in the Changpo-dong, North Korea at the port of port on November 26, 2014; ② the police officers dispatched upon receipt of the report that the defendant is doing the above act have expressed the same desire as stated in the facts in the facts in this case due to a large voice that the police officers who suffered damage who attempted to verify the defendant's identity; ③ the police officers were arrested the defendant as a flagrant offender in the crime of insult and notify the defendant that they have the right to appoint a defense counsel; ④ The defendant, despite being notified of the above facts, can be acknowledged as refusing to affix their seals or sign the confirmation letter that he was notified of such facts.
The Defendant asserted that the victimized police officers resisted such illegal arrest when leaving the Defendant aboard the fake patrol vehicle, and that the cash possessed by the Defendant was humped to the bottom. However, as seen earlier, the Defendant lawfully arrested the police officer who attempted to identify the Defendant due to an insulting suspicion, and following the statement by the victimized police officer and witness, the Defendant was the victimized police officer.