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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the obstruction of performance of official duties among the facts charged in this case of mistake of facts, the police officer, in the process of arresting the defendant as a flagrant offender, refers to the appointment of a defense counsel, and did not give an opportunity to defend himself. Since the defendant made passive resistance in the process of performing the above illegal official duties, the crime of obstruction of official duties is not established.
Nevertheless, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous in misconception of facts.
B. The sentence imposed by the court below on the defendant (the fine of 4 million won and the completion of the sexual assault treatment program) is too unreasonable.
2. Determination
A. The court below rejected the above assertion in light of various circumstances as stated in its reasoning, on the ground that the defendant made the same assertion as the grounds for appeal in this part of this part, and the court below rejected the above argument. If the court below examined the above judgment by comparing it with records, it is just to find the judgment of the court below guilty of the relevant part of the facts charged against the defendant, and there is no error of law that misleads the facts as alleged by the defendant. Thus, the above argument of the defendant is not accepted.
B. The Defendant’s agreement solely on the assertion of unfair sentencing with the victim of the crime of indecent act by compulsion is favorable to the Defendant.
However, it is a question of whether the defendant denies part of the facts charged, and is a serious reflective one, the degree of indecent act by compulsion is not weak, the public bath and use of violence is not good, and the nature of the crime is not good, and the act of obstructing the performance of official duties against the police officer in uniform is severe punishment to enhance the people's public trust.