The defendant's appeal is dismissed.

1. A summary of the grounds for appeal 1) The defendant who is not aware of the fact does not have a memory with his or her consciousness, and there is no fact when he or she was called out.

2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.

2. 1) Determination on the assertion of mistake of facts is based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

(1) The injured party ordered Byung who had been living together by the accused in an investigative agency and a court below specifically and consistently, and did not account after drinking.

The statement was made (Evidence No. 14, 66, page 52 of the trial record), November 12, 2016, “Receipt Certificate (Evidence No. 16th page of the evidence record), and November 12, 2016,” corresponding to the “Information No. 112 of the Report No. 112 of the case (Evidence No. 22 page of the evidence record).”

② The Defendant did not pay the victim food value at an investigative agency, did not inform the victim of the fact that there was no money while ordering the Defendant’s murder and the owner of the lawsuit, and subsequently, made a statement that he/she would have paid the amount of food by working on the construction board (see, e.g., evidence records 58, 106, 107). ③ The Defendant did not hold both cash and credit cards at the time (see, e.g., evidence records 74 pages). Taking full account of the above circumstances, the Defendant may sufficiently recognize the fact that he/she ordered food without his/her intent and ability to pay money and failed to pay the money.

Therefore, this part of the defendant's assertion is rejected.

(2) The following circumstances are acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion on interference with the performance of official duties.

① 사기 범행의 피해 자인 D의 신고를 받고 사건 현장에 출동한 경찰관인 G은 원심과 수사기관에서 구체적이고 일관되게 피고 인의 인적 사항을 확인하던 중 피고인이 오른손으로 자신의 왼뺨을 때렸고, 피고인이 발로 자신의 오른...