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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (the factual error and inappropriate sentencing)
A. Error of facts (Obstruction of Performance of Official Duties and Injury) Although the Defendant had no mind due to traffic accident at the time of the instant case, he had expressed a desire as stated in the facts charged or received the victim’s face, there is an error of misconception of facts in the judgment of the court below which convicted him of this part of the facts charged.
B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s assertion of mistake of facts is not accepted, on the ground that it can be recognized that the Defendant, who was a police officer dispatched at the time of the instant case, expressed a desire for the victim and inflicted bodily injury upon the victim.
1) From the investigative agency to the court of the court below, the victim tried to conduct a fluence test by requesting the defendant to voluntarily conduct a fluence test while refusing to take a drinking test. The defendant voluntarily refused to complete the test and to bring about a fluence test to the employee. Among them, the defendant left the vehicle in which the defendant fluences tobacco and tried to escape from the right sperm in the direction of the right sperm, and made a relatively specific and consistent statement that "I were sold from both of the defendants and knib, and knied by knibs" (the evidence record 22 pages and the record of the trial 38 pages). He, an objective witness witness witness witness at the site, submitted a written statement consistent with the above statement at the investigative agency (the evidence record 98 pages), and the statement of the victim can be made under reliable circumstances (the evidence record 2).