The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not have both main illness E, and was faced with both sides, and the Defendant did not have an intention to commit assault against a public official performing his duties.

Nevertheless, the judgment of the court below which found the defendant guilty of a crime of obstructing the performance of special duties is erroneous by misapprehending the legal principles or affecting the conclusion of judgment

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principles on the assertion of mistake of facts and misapprehension of the legal principles refers to an act of assault in the obstruction of the performance of official duties under Article 136 of the Criminal Act, and the use of assault directly and indirectly means an act of exercising tangible power against a public official who performs official duties (see Supreme Court Decision 81Do326, Mar. 24, 1981). 2) In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly adopted and investigated by the trial court and the trial court, the lower court’s judgment and the trial court were duly adopted and investigated, the Defendant committed an act of assaulting a police officer who is dangerous to the date and time indicated in the facts charged and obstructing the legitimate performance of official duties.

Therefore, the defendant's assertion that the court below erred by mistake of facts or by misunderstanding of legal principles as to a crime of obstructing the performance of special duties is without merit.

① On May 25, 2020, police officers E sent to the mutual main points of “C” located in North Korea-Gu B at the port upon receiving G 112 reports.

At the time, the Defendant was seated on the left-hand side of the show C at the time, and E was front of the Defendant (see, e.g., the investigation record 24 pages, e., the following photographs). E The Defendant returned to C ② because the Defendant did not drink, and E partly did not drink the alcohol to the Defendant.