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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts constituting a crime in the judgment of the court below, found the Defendant guilty on the ground that he did not take a bath or assault against a police officer.
B. The sentence imposed by the court below on the defendant (the fine of KRW 3,00,000) is too unreasonable.
2. Determination
A. The following circumstances, which can be acknowledged according to the evidence duly adopted and examined in the court below's judgment on the assertion of mistake of facts, i.e., ① the statement of police officer E, who corresponds to the facts charged, is clear and concrete, and the investigation agency from the investigation agency to the court below to the court below, and ② On the other hand, the defendant stated in the police that "the police officer asked the defendant about his house and attached a police belt to the police officer. The defendant was under the influence of alcohol." However, the court below made a statement that "the defendant was under the influence of alcohol." However, it is difficult to recognize its credibility by assertion different from a police officer's statement to the effect that "the defendant was under the influence of alcohol..............., it is hard to recognize its credibility by taking full account of the following circumstances, such as the defendant's statement and assault to a police officer as stated in the
B. Although there are favorable circumstances for the defendant to the judgment on the assertion of unfair sentencing, such as the fact that the defendant was somewhat contingent in the state of under the influence of alcohol, that the defendant is aged, and that there was no record of punishment for obstruction of performance of official duties before, it is favorable for the defendant. However, it cannot be said that the police officer dispatched after receiving 112 report without any special motive or reason, the degree of assault and assault cannot be deemed to be light, but the defendant did not recognize his mistake, and the defendant has a number of records of criminal punishment for crimes such as violence even before.