The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant assaulted a police officer’s right shoulder at one time to walk. This constitutes an assault that interferes with a public official’s duties.

In addition, the Defendant committed an assault to fit the back of the police officer G with the part of metal burners pluged by a police officer G to the direction of the police officer G, and the above metal burners constitute dangerous objects.

B. The sentence of the lower court that is unfair in sentencing (an amount of eight million won) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. The lower court’s determination on the following grounds reveals that this part of the facts charged was proven beyond a reasonable doubt solely on the evidence submitted by the prosecutor.

It is difficult to see

The judgment of innocence was pronounced.

In the crime of interference with the performance of official duties, violence and intimidation must be sufficient to obstruct the performance of official duties by a public official in light of the nature. Thus, if a public official is insignificant and not opened, it does not constitute assault and intimidation against the public official (see, e.g., Supreme Court Decision 2006Do449, Jun. 1, 2007). According to the record, the defendant was committing an act that seems to have shown that he/she had a character around the parking lot at the time while he/she was engaged in an act that he/she was provokingd, and that he/she was moving to another place without opening a patrolman, but he/she could be recognized that the defendant was committing an assault in the crime of interference with the performance of official duties.

It is difficult to see it.

2) In addition to the following circumstances acknowledged by evidence duly admitted and investigated by the court below as to the circumstances set forth in the judgment of the court below, the court below's decision that the defendant was not guilty of this part of the facts charged is just and acceptable, and the prosecutor of the court below is the prosecutor.