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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. With regard to the mistake of facts, the defendant did not display stick to the victim D, and with regard to the obstruction of the performance of official duties, the defendant only left the Nexponsor of the police officer F to escape from the use of excessive physical power in the course of arresting the defendant, and the defendant did not have the intent to commit the obstruction of the performance of official duties, the judgment of the court below which found the defendant guilty of the facts charged in this case and affected the conclusion of the judgment.
B. The lower court’s sentencing (one million won of fine) is too unreasonable, even if not, on the other hand, unreasonable.
Judgment
A. The court below stated the following circumstances that can be recognized by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the victim D stated in the facts charged by the investigative agency to the court below, consistently with the victim D, and stated that the victim’s father assaulted the victim to display his stick as stated in the facts charged, ② the police officer F, who was dispatched to the scene at the time of the instant case, was faced with the victim’s his disturbance at D’s house at the time of dispatch to the scene, and the Defendant stated that the FF, who was sent to the scene at the time of the instant case, was exposed to the Defendant’s escape from the scene, and that the FF’s Nexxta as stated in the facts charged, was able to be seen as having caused the Defendant to go out of the scene, and that the Defendant did not display stick because the house of the victim D was narrow so, but according to the victim’s on-site photographs, the Defendant could sufficiently recognize the victim’s obstruction of the victim’s execution of his official duties.
Therefore, the defendant's assertion of mistake is without merit.
(b).