The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not assault I at the time and place of the judgment of the court below, and the police officer F, who was called out after receiving 112 report, attempted to illegally arrest him only when I’s speech, and thus, the Defendant physically resisted F with legitimate acts or self-defense to defend himself from illegal arrest, and did not interfere with F’s lawful performance of official duties.

B. The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to Article 212 of the Criminal Procedure Act as to the assertion of mistake of facts and misapprehension of legal principles, any person may arrest a flagrant offender without a warrant. In order to arrest a flagrant offender, the necessity of the arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment of the act, the current and hourly contact of the crime, and the apparentness of the crime (see, e.g., Supreme Court Decision 98Do3029, Jan. 26, 1999). Whether such requirements for the arrest of a flagrant offender are met shall be determined based on the situation at the time of the arrest. In addition, the determination by the investigative body on the requirements is reasonable, considering the situation at the time of the arrest, and even if the judgment by the investigative body on the requirements is considered as the situation at the time of the arrest, the arrest of a

(대법원 2002. 6. 11. 선고 2000도5701 판결, 대법원 2002. 12. 10. 선고 2002도4227 판결 등 참조). 원심이 적법하게 채택하여 조사한 증거들을 종합하면, ① 피고인 일행은 2012. 4. 21. 02:00경 서울 중구 C에 있는 ‘D’ 식당 앞에서 I 일행과 시비를 벌인 사실, ② 경찰관 F은 같은 날 02:10경 동료 경찰관 G와 함께 112 신고를 받고 위 장소로 출동하였는데, 당시 피고인의 얼굴에 피가 나 있었고, I의 목 밑 주변이 빨갛게 부어 있는 등 피해상황을...