The judgment of the court below is reversed.

The prosecution of this case against the defendant is dismissed.

1. The gist of the grounds for appeal is that the defendant did not commit the crime of this case, and that another person knew the name of the defendant, the prosecution of this case must be dismissed.

2. Determination

A. On November 23, 2014, around 19:00, the Defendant and B of the instant facts charged found a department of the investigation of the Busan Police Station, which is 68, as the effect of Busan City, in order to identify the larceny cases of B’s thief, his father.

At the above investigation and office, the defendant heard from the D team leader about the thief case of Scaman C, and expressed the article to him, "Chofe fe, feass, feass, feass, fass, and fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, fass, etc., of the slope E belonging to the D team to restrain it, and fass, fass, fass, fass, and fass, fass, etc., with his hand.

Accordingly, the Defendant conspired with B to interfered with the legitimate execution of duties by police officers on the handling of the case.

B. The lower court rendered a conviction by comprehensively taking account of the following evidence.

C. Pursuant to Article 248 of the Criminal Procedure Act, a public prosecution is effective against other persons than the person designated by the public prosecutor as the defendant. Thus, the prosecution is effective only against those designated by the public prosecutor, and the accused was indicated as the defendant in the indictment because the suspect's name was distorted.

This is merely an error in the indication of the party, and the prosecutor brought a prosecution against the mother, so it cannot be said that the mother will be the defendant and the employee will have the effect of the prosecution.

Therefore, in this case, the prosecutor shall correct the personal information of the indictment and indicate the defendant.