The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant (person who is guilty of a mistake of facts and an unreasonable sentencing) did not commit an offense that the lower court found guilty. 2) The sentence of an unfair sentencing sentence sentenced by the lower court is too unreasonable and unfair.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below, such as the victim E’s statement of police in line with the criminal facts stated in the judgment of the court below as to the defendant’s assertion of mistake of facts, and the report of internal investigation (the receipt of a case and the confession of a crime in the statement of the defendant’s court statement in the court below, etc., which organized the contents of the black stuff video in line with the criminal facts stated in the judgment of the court below, the fact that the defendant spits spits down

(spits or spits on a face of a person may also constitute violence as an exercise of tangible force on a person's body). Accordingly, the defendant's assertion of mistake of facts cannot be accepted.

B. The Defendant’s spits or spits the victim’s face without being aware of it during the period of the suspension of execution of imprisonment due to the crime of obstruction of performance of official duties, and the Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor is not good and highly likely to be subject to criticism.

① However, the victim appears to have expressed his desire to the defendant and have been punished for a dispute (However, it seems that the defendant first expressed his desire to do so), ② spitation of spits against the victim without having to commit any more crimes immediately after the victim was spits, ③ The fact relevance in the police, and ③ the fact that the defendant is relatively net and recognized in the court below's judgment, etc. are favorable to the defendant.

(1) However, the Defendant committed the instant crime at the end of driving away a vehicle by affixing a photograph and putting the victim away.