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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the facts constituting the crime as stated in Paragraph 2 of the decision of the court below of fact-finding, the court below found the defendant guilty of this part of the charges of obstruction of performance of official duties even though the defendant had committed a disturbance at the place of this case, but there was no assault by the victim slope E.
B. The sentence of a fine of four million won imposed by the lower court is too unreasonable.
2. Determination
A. According to the evidence duly examined and adopted by the court below, including the witness E’s legal statement in the court below’s determination of mistake, it is reasonable to view that the defendant interfered with the legitimate performance of official duties by assaulting the victim at the date, time and place of this case, and thus, the defendant’s assertion of mistake of facts is without merit.
B. We examine the argument of unfair sentencing, and even though it is recognized that the defendant made confessions all the facts constituting the crime as stated in paragraph (1) of the judgment of the court below, reflects them, and repents them in depth, the crime of this case is deemed to have been insulting and assaulted by a police officer who is lawful performance of official duties, and the crime of this case was committed again despite the fact that the defendant had been punished for multiple same kinds of criminal records, and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentencing of the court below is deemed to be appropriate, and it is not deemed to be improper because it is too too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.