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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Regarding the mistake of facts and misapprehension of legal principles, arrest of the defendant as a flagrant offender in the crime of insult constitutes legitimate execution of official duties, such as the necessity of arrest. Thus, the defendant's act of assaulting J and H, a police officer, as stated in this part of the facts charged, during the above arrest and chain of action, constitutes the crime of obstruction of performance of official duties. However, the court below acquitted the defendant as to this part of the facts charged on the premise that the arrest of the above flagrant offender constitutes a crime of obstruction of official duties. Thus, the court below erred in the misapprehension of legal principles
B. As to the insult of the judgment of the court below on the grounds of unfair sentencing, considering the following: (a) the nature of the offense of this case is inferior and the Defendant has no choice to repent; (b) the sentence imposed by the court below on the Defendant is too uneasible and unfair.
2. Determination:
A. (1) On November 16, 201, the summary of the facts charged was examined as to the assertion of mistake of facts and misapprehension of legal principles: (a) before the Fnosur of the operation of the E, which is located in G (hereinafter “instant singing box”); (b) the police officer, who was dispatched upon receipt of the report, conducted illegal business in the instant singing box; (c) on the job of E, I, etc., he openly saw “H to see that he was arrested on the part of the crime of insulting H, such as “I flur, flur, flured, flured, flured, flured, flured, flured, and flured,” and the head of the G box was arrested and flured to the head of the G box, and the police officer continued to take the face of the G box to walk the flur in the right-side flur, and continued to walk in the new fl.