The judgment of the court below is reversed.

The sentence against the accused shall be 200,000 won.

Defendant. A fine.

1. Reasons for appeal;

A. The defendant of mistake of facts is found to have found a police station and provided a port of resistance, and the defendant also killed and discarded while under the influence of alcohol.

It shall be discarded. The words, such as the statement, and there is no fact that the disturbance has been avoided.

B. The lower court’s sentence of unreasonable sentencing is heavy.

2. Determination

A. The facts charged against the Defendant regarding the assertion of mistake of facts are fully recognized by the evidence duly examined and adopted.

Defendant’s assertion of mistake cannot be accepted.

B. The Defendant committed the instant crime in the course of misunderstanding and resisting the grounds on which police officers had found their residence.

Considering the process and motive leading up to the crime, the specific act of the defendant and the time during which the defendant avoided the disturbance, the sentence of the court below is unreasonable.

3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the court below is reversed, and the following is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;