The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit an act of misunderstanding the facts (as to the crime of obstruction of performance of official duties) by breaking the shoulder of the police officer, and walking the back.

Nevertheless, the judgment of the court below which found the defendant guilty of obstruction of the performance of official duties is erroneous.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. When the first instance court examines the credibility of a statement after the witness examination procedure was conducted, it is necessary to assess the credibility of the statement by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including whether the content of the statement itself conforms to the rationality, logic, appearance, or rule of experience, or whether it conforms to other evidence, and whether it conforms to other evidence. The appearance and attitude of the witness who is attending the statement in the open court, and the penance of the statement, etc.

On the other hand, in principle, the appellate court's judgment on the credibility of the statement made by the witness at the court of first instance is based on the records including the witness examination protocol, so it is difficult to reflect the appearance and attitude of the witness at the time of making a statement that can be considered one of the most important elements when determining the credibility of the statement in the evaluation.

Considering these circumstances, the court of first instance’s determination on the credibility of a witness’s statement made by the court of first instance is clearly erroneous or, in light of the content of the court of first instance and the evidence examination conducted by the court of first instance, the court of first instance’s determination on the credibility of a witness’s statement made by the court of first instance is considerably unreasonable, except in exceptional cases where it is deemed that the court of first instance’s determination on the credibility of a witness’s statement made by the court of first instance is considerably unfair.