Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since there was no intention to obstruct the police officer's performance of official duties, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misunderstanding of facts.
B. The sentence of the lower judgment on the grounds of unreasonable sentencing (fine 3,500,000) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the defendant took a bath for the police officers dispatched after receiving a report on his/her non-performance of duties. If the defendant assaults a police officer who lawfully performed his/her duties, he/she should be deemed to have committed an intentional act to interfere with the execution of his/her duties. Thus, the judgment of the court below cannot be deemed to have erred by mistake of facts.
B. In full view of the fact that the Defendant denies the instant crime, the Defendant’s age, occupation, and all other matters on the sentencing stated in the records of the instant case, the lower judgment’s punishment is deemed to be appropriate, and the Defendant’s assertion is without merit.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition