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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)
A. misunderstanding of facts and misapprehension of the legal doctrine) The Defendant did not assault police officers D, as stated in the instant facts charged.
2) Since the police officer D’s duty at the time of the instant case was not a justifiable official duty, the crime of obstructing the performance of official duty cannot be established.
Although police officers will only take a drinking test, they dispute about what they drink to E, and the defendant's suspicions that the police officers started to take a sudden bath, and the defendant's assaulted the defendant from that time.
The defendant was physically contacted with police officers in the process of resisting the above unlawful assault by police officers.
B. The sentence of the lower court’s unfair sentencing (the sentence of two years of suspended execution and one hundred and sixty hours of community service in August) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. Relevant legal principles 1) Interference with the performance of official duties is premised on the lawful performance of official duties by public officials. Whether a certain performance of official duties by public officials belonging to the abstract authority is legitimate shall be reasonably determined based on the specific situation at the time of the act and shall not be determined based on pure objective criteria ex post (see, e.g., Supreme Court Decision 2011Do4763, Aug. 23, 2013). The current offender may be arrested without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender as a flagrant offender, the punishment for the act should be imposed, the current situation of the crime should be at the time of the arrest, i.e., the necessity of the arrest or the destruction of evidence, other than the apparentness of the crime, and the determination of whether a flagrant offender satisfies the requirements for the arrest should be made based on the situation at the time of the arrest.