The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the erroneous determination of facts, G was not aware of the Defendant’s failure to wear a rank at the time of the instant case, G was not aware that the Defendant was a police officer, and G was unilaterally prevented only the Defendant, while G was in a situation where two other parties were faced with, and the performance of official duties should be restricted only by the police officer, but only one of the other parties, who were in dispute with the Defendant, proposed G to escape from it, and thus, the crime of obstruction of performance of official duties is

B. In light of the above circumstances of unreasonable sentencing, the lower court’s sentencing (fine of three million won) is too unreasonable.

2. Determination

A. The purport of the Defendant’s assertion of mistake of fact is that there was no criminal intent to obstruct the police officer’s performance of duties.

The purport that the execution of G's duties is illegal, or that the defendant's act constitutes self-defense or legitimate act.

However, according to the evidence duly adopted and examined by the court below, G and H arrive at the scene of the patrol with wearing a uniform when D and D were under the influence of the Defendant, after the Defendant and D fighting fighting, and D were under the influence of the Defendant. However, G continued to talk about the situation of D upon arrival by the police officers and talk about the situation and pressured D, and it is recognized that the Defendant pushed off G as stated in the judgment of the court below.

According to the above facts, unlike the situation prior to arrival of G, the execution of G's duties is justified in the situation where only the defendant unilaterally attempted to assault D, and the defendant's act of assaulting G against such legitimate execution cannot be deemed as legitimate self-defense or legitimate act.

The defendant's assertion that he/she was unaware of the police officer is also not acceptable in light of the above fact of recognition.

B. Unreasonable sentencing.