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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not interfere with the police officer’s duties due to misconception of facts and misapprehension of legal principles (the obstruction of performance of official duties). Rather, the Defendant resisted the Defendant during illegal arrest process where the police officer did not notify the Defendant of a fluoral principle, such as the charge of crime and the attorney’s right to appoint a lawyer. However, the lower court found the Defendant guilty of the facts charged in the instant case, in so determining,
B. The Defendant was in a state of mental disorder at the time of committing the instant crime.
C. The sentence imposed by the court below on the defendant (the fine of KRW 3,000,00) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the court below found that the defendant drinks alcohol and prevents the operation of village buses, sealed the body of the victim C with the victim's face, arrested the defendant as an offender in the crime of assault by the victim C, the police officer F who called the victim's report by the victim C, and notified the defendant of the diverse principles, such as the charge of the crime and the attorney's right to appoint the defendant. The police officer's defect to make the defendant take aboard in the back of the patrol seat, the defendant gives the police officer a desire to "I Chewing, I am a person who gives my salary to the citizen of the Republic of Korea, and I am a driver's seat twice, and interfere with the legitimate performance of duties of the police officer by assaulting the victim's face, and the defendant's allegation in the facts charged in this case is without merit.
B. According to Article 212 of the Criminal Procedure Act, a flagrant offender may be arrested without a warrant, and the punishment of the act is imposed and the crime is committed to arrest a flagrant offender.