The judgment below

The part except the interference with the execution of official duties shall be reversed.

The defendant shall be punished by a fine of two million won.

1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing a public prosecution on defamation against the victim H (Dismissal of Public Prosecution) and rendered a conviction on the remainder of the facts charged, and only the Defendant filed an appeal on the guilty portion.

Therefore, since the part of dismissing a public prosecution against the defendant is excluded from the object of attack and defense between the parties, the scope of trial of this court is limited to the conviction against the defendants among the judgment below, and the dismissal part of the public prosecution cannot be determined differently from the judgment of the court below.

2. Summary of reasons for appeal;

A. 1) The judgment of the court below which found the defendant guilty of interfering with the execution of official duties even though the defendant did not assault the defendant only by making a claim and a bath against E, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The Defendant only committed an act that is likely to mislead others,” but did not have a public performance that could spread to the general public.

Nevertheless, the judgment of the court below which found the defendant guilty of defamation is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (the part that interferes with the performance of official duties: imprisonment with prison labor for 8 months, and defamation: fine of 3 million won) is too unreasonable.

3. Determination

A. 1) In determining the credibility of a statement after the first instance court’s examination procedure was conducted by misunderstanding the facts, not only is it reasonable, logical, contradictory, or empirical rule itself, but also is consistent with evidence or third party’s statement, such as the appearance or attitude of a witness who is in the public court after being sworn in the presence of a judge, and the penology of a witness who is in the statement in the public court after being sworn in the presence of a judge, and the statement in the witness examination protocol, such as the penation of the statement, are all those that have been obtained by directly observing various circumstances that are difficult to record.