We reverse the judgment of the first instance court.

The sentence of sentence against the defendant shall be suspended.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, mental or physical weakness, and improper sentencing)

A. The defendant's misunderstanding of facts was merely a physical contact with his own defense in the state of a defect in which the victimized police officer was about to tightly boom and boom at the time of the defendant's misunderstanding of facts, and there was a criminal intent of assault.

subsection (b) of this section.

B. The lower court did not notify the Defendant of the facts constituting an offense, the reason for arrest, and the right to appoint a defense counsel at the time of the arrest of the Defendant in the act of committing an offense (negative). The Defendant was not a flagrant offender at the time, and thus illegal arrest. Ultimately, the police officer’s act of performing his duties is unlawful, and thus, it does not constitute a crime of obstructing official duties (

At the time, the Defendant, who was physically and mentally weak, committed the instant crime under the influence of alcohol and lacks the ability to discern things.

(d)

Sentencing 1 Deliberation Sentence 200,000,000,000 won are too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the first instance court as to the assertion of mistake of fact (in particular, on-site video CD), the police officer, upon receiving 112 a report, demanded the Defendant to confirm the identity and return home to the Republic of Korea. Rather, the police officer attempted to keep the victim police officer G with his/her hand while taking a bath.

Therefore, the police officer H, who was on the side, prices the part of the defendant's neck on one occasion, and it is recognized that the defendant, who was the defendant, committed an assault because he was closely sealed with the chest part of the police officer G as a fright.

According to the above facts, there is a criminal intent of assault against the defendant.

and this part of the defendant's assertion is without merit.

B. As to the assertion of misunderstanding of the legal principles, according to the evidence of this case as to the first argument I, it is recognized that police officers notified the grounds for criminal facts, arrest reason, right to appoint defense counsel at the time of the arrest of the defendant. Thus, this part of the allegation is without merit.

The following arguments are made against the health unit and the defendant.