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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) (misunderstanding of facts) the Defendant: (a) sought to enter the main points to prevent employees from entering the main points; (b) reported 112 reports; and (c) the police officer called out only attempted to illegally arrest only the end of the business place; and (d) attempted to do so without notice of the doctrine; and (b) accordingly, the lower court erred by misapprehending the legal doctrine on mistake of facts and legitimate defense.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the following facts are acknowledged: ① the defendant was assaulted by considering the face of the victim E, who is an employee, at the expense of the time when the defendant entered the main place located in Yongsan-gu Seoul, Yongsan-gu, Seoul at the scene of the crime of this case; ② At the time of the investigation, Gman called upon receiving a report 112, confirmed the cell phone image of the defendant's act of assault at the investigation agency, and notified the defendant that he continued the crime of this crime, the defendant had the right to arrest, the reason for arrest, the right to appoint an attorney and the opportunity to defend himself, and the defendant stated that he was arrested in the crime of this case after he notified the defendant that he could claim for an arrest of the suspect. ③ At the time of the police investigation, the defendant stated that he was unable to memory the police officer, and that he went into the police box without supporting the lock.
B. If so, Gman’s act of checking the Defendant’s assault videos and arresting the Defendant as an offender in the act of assaulting the Defendant while continuing his abusive and violent behavior was sufficient rationality in light of the situation at the time.
Although there is no particular circumstance that the defendant's statement that he/she notified the summary of the crime, the reason for arrest, etc. at the time is false, the defendant is not well memory under the influence of alcohol.
In full view of the fact that the statement is made, it will be reviewed.