The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The Defendant’s act, which seems to have committed an indecent act by drinking the victim G related to the fact of forced indecent act, constitutes an assault by the victim, cannot be deemed as a separate or forced indecent act, and cannot be said to have committed an indecent act by force against the Defendant.

2) In relation to the fact of an injury and interference with the performance of official duties, the Defendant: (a) inflicted an injury on the face of police officers I in the part of the hand saw that he had been trying to restrain himself; and (b) thus, (c) there was an intention to interfere with and injure the performance of official duties.

It is difficult to see it.

B. The Defendant had a mental disorder under the influence of alcohol at the time of committing the instant crime.

(c)

The punishment of the court below is too heavy.

2. On the basis of ex officio determination, “G’s statement” presented as evidence of conviction by the lower court is prepared by G as part of the investigation process by the police, and constitutes “written statement prepared by a person other than the Defendant in the course of investigation” as prescribed by Article 312(5) of the Criminal Procedure Act. As to the investigation, it was prepared in accordance with lawful procedures and methods, insofar as there is no evidence recording the investigation process under Article 244-4(3) and (1) of the Criminal Procedure Act.

Therefore, admissibility of evidence cannot be recognized (see Supreme Court Decision 2013Do3790, Apr. 23, 2015). Therefore, the court below erred by misapprehending the legal principles on admissibility of evidence, but the remaining evidence alone, as examined below, can be acknowledged as a charge of forced indecent conduct. Thus, there is an error of law by misapprehending the legal principles as above, which affected the conclusion of the judgment.

subsection (b) of this section.

A. As to the assertion of misunderstanding of facts and legal principles, 1) In light of the following circumstances, the evidence adopted and examined by the lower court and the first instance court except for the “G’s statement” related to forced indecent act.