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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit an assault against police officers F as stated in the judgment of the court below.
B. In light of the legal principles, F, a foreign police officer, provided a Korean language guidance to the defendant and arrested the defendant as a flagrant offender. As such, even if the police officer improperly performed official duties, it does not constitute self-defense, even if the defendant committed an assault against the police officer, this constitutes self-defense.
C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts. ① The police officer arresting the Defendant was called from the investigative agency to the court below at the time of the instant case after receiving a report from the investigation agency to the E District court, and the Defendant and two other foreigners under the influence of alcohol were sent to the police station due to the taxi boarding problem. They separated them, and the Defendant: (i) made a assault as stated in the judgment of the court below; (ii) there is no special inconsistency with the F’s statement and there is no motive for F to make a false statement; and (iii) the Defendant was arrested in a flagrant offender immediately after the instant case and investigated under the participation of an interpreter at the police station, “I not have asked the police officer to do so”; and (iii) the Defendant’s answer to the question “I would be sufficient to answer to the question that I would have taken place any assault against the police officer,” and thus, I would like to answer the question “I would like to know the other facts.”