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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant, while suffering from flapsing de facto flapsing with the Defendant’s mother, was in a de facto marital relationship with the Defendant, suspended assault at the request of the police officer dispatched.
However, the police officer called out had failed to inform the defendant of the non-satise principle, and the defendant led to the ward and continued to talk about the complaint against D, and the defendant tried to proceed to the police station.
The police officers want to walk the police officer in the process of the defendant's participation in the process of driving again.
Ultimately, in order to oppose illegal arrest of flagrant offenders, the Defendant merely exercised assault against a police officer, and thus cannot be deemed to interfere with legitimate performance of official duties. However, the lower court erred by misapprehending the facts charged in this case and by misapprehending the legal doctrine on the presumption of innocence, thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.
2. Determination
A. The following facts or circumstances are acknowledged according to the evidence duly adopted and examined by the lower court and the lower court on the assertion of misunderstanding of facts and misapprehension of the legal doctrine.
① On July 11, 2016, around 22:00, the Defendant, under the influence of alcohol, exercised violence, such as d and pulse, and d’s spabling and spabling, etc., at the inside bank of Gwangju Northern-gu C8 (hereinafter “instant housing”).
② On July 11, 2016, G, the Defendant’s mother, reported 112, and the police officer arrived at the instant house on July 22, 2017, and requested the Defendant to keep a battop in order to prevent the Defendant from doing so.
However, as the defendant did not respond to it, and the police officer F met the defendant, the defendant was set fat, and the defendant was set fat.