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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant did not assault the police officer, the lower court convicted him of the facts charged in the instant case. The lower court erred by misapprehending the legal doctrine.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
2. Determination
A. The judgment of the court below on the assertion of mistake of facts is 1) The judgment of the court below is that ① the police officer who was assaulted did the defendant attempt to catch e with bather fat, with the left hand, fat eat eat eat eat eat eat eat eat eat eat eat, fat eat eat eat eat eat eat eat eat eat e, eat eat eat e, fat eat eat eat eat eat, and the defendant testified that he eat eat eat eat eat eat eat eat eat eat e, again the defendant again eat eat eat eat eat eat eat eat eat eat eat eat eat e, but the court below's argument that the defendant testified e witness e witness eat eat eat e.
B. The Defendant assaulted the police officer to determine the allegation of unfair sentencing.