The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

가. 사실오인 및 법리오해 피고인은 G과 언쟁을 하였을 뿐 G의 업무를 방해한 사실이 없고, 경찰관 H의 얼굴에 침을 뱉고 허벅지를 걷어찼을 뿐 얼굴을 때리거나 낭심을 걷어찬 사실이 없으며, K의 팔에 실수로 커피를 부었을 뿐 고의로 얼굴에 뿌린 사실이 없다.

On the other hand, the Defendant spits bucks down on H face and walked with buckbucks does not constitute an act to resist the police's illegal arrest of an offender in the crime of obstruction of performance of official duties, but constitutes self-defense in relation to the crime of injury.

Nevertheless, the lower court found the Defendant guilty by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentence of an unreasonable sentencing (one million won of a fine) of the lower court is too heavy.

2. Determination

A. We examine the judgment on the assertion of mistake of facts and misapprehension of legal principles, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below. ① Witness K consistently stated in the investigation agency and the court below that the defendant has distributed the coffee contained in the paper World Cup to his face, ② the witness N and M have consistently viewed that the defendant spreads the coffee to the face of K and made a statement corresponding thereto; ② the defendant was waiting for patients such as pregnant women, etc. who are in need of stability to receive treatment at the time of the defendant's act, ③ the police officers notified the defendant that he would arrest the defendant as a flagrant offender of the crime of interference with business, and the defendant tried to arrest the defendant. In the process, the defendant took advantage of the above circumstances, such as spiting, spiting, drinking, drinking, bucking, and walking the humbbuck, etc., leading the police officers including H et al. to the arrest of the defendant out of the hospital.