공무집행방해
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, and each testimony at the court of original instance by H and G, the legality of the voluntary accompanying of this case can be recognized. Thus, the defendant constitutes a crime of obstructing the execution of official duties.
Nevertheless, the court below found the defendant not guilty on the premise that the voluntary accompanying of this case was illegal, and the court below erred by misunderstanding the facts and misunderstanding the legal principles.
2. In light of the records, a thorough examination of the evidence duly adopted and investigated by the court below is justified to determine the defendant not guilty of the facts charged of this case on the basis of the circumstances stated by the court below, and there is an error of law by misconception of facts alleged by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.