A. At the time of misunderstanding the fact, the Defendant was only passive at the time of misunderstanding the fact, and did not use violence or force.

In addition, the arrest of the defendant at the time did not meet the requirements for arrest of a flagrant offender, and did not comply with due process, such as not notifying the doctrine of the United States. As such, the defendant assaulted a police officer in the course of resistance in order to avoid illegal arrest, and thus, the illegality is dismissed as it constitutes self-defense.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize that “the Defendant committed obstruction of performance of official duties, as stated in the facts constituting the crime indicated in the lower judgment.”

1) Whether the defendant's assault and threat of force is exercised or not (1) When considering the fact that the investigation agency has consistently made a detailed statement to the effect that it conforms to the criminal facts stated in the judgment of the court below, (2) it is sufficiently recognized that the defendant exercised assault and force as stated in the facts of the crime in the judgment of the court below, (2) it is not limited to the passive resistance of the defendant in the process of arrest, but it is sufficiently recognized that the defendant exercised the right of assault and force as stated in the judgment of the court below, (2) it is legitimate to arrest the criminal in the act of flagrant act and arrest the criminal in the act of flagrant act and respond to the request of the police officer in response to the request of the police officer, and the defendant prevented the operation of the patrol vehicle by leaving his cell phone in front, and (2) it has interfered with the operation of the patrol vehicle without any authority of the defendant thereafter.