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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant (misunderstanding of facts) reported and sent out by 112 without ascertaining the contents of the report, the defendant, who was on the floor divided from others at the scene, was out of his/her own statement and returned home to him/her. Thus, whether he/she receives money in order to resist it or not.
“The” merely took a bath and did not have the intent to insult the police officer.
Nevertheless, the judgment of the court below convicting the facts charged of this case is improper.
B. The prosecutor (unlawful in sentencing) of the lower court’s sentence (amounting to 600,000 won) is deemed to be too unhued and unfair.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, namely, ① C, D, and F, took the same bath as the date, time, and place indicated in the facts charged, as stated in the facts charged, at the same time and place as indicated in the facts charged.
A clear statement is made, ② the Defendant’s assertion was made, ② the Defendant’s obscence was made even according to the Defendant’s assertion, ③ G expressed a desire to the police officer in a size to the extent that the other people can listen to. The Defendant, under the influence of alcohol, expressed a desire to the police officer in a manner that they could listen to. The Defendant’s defect that the Defendant intends to cut on the crosswalk and take on the crosswalk, and the Defendant refused it, and told the Defendant.
In light of the facts stated, even if the defendant had the intent to resist the victims' performance of official duties due to the internal negligence, the defendant can sufficiently recognize the fact of openly insulting the victims by failing to express his/her desire as stated in the facts charged.
Therefore, the defendant's argument is without merit.
B. As to the prosecutor’s improper assertion of sentencing, there are many instances of the Defendant’s environment, history, background of the instant crime, and circumstances before and after the instant crime.