The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact misunderstanding - (i) the CCTV images within the earth’s boundary are as to the part obstructing the performance of official duties. According to the CCTV images within the earth’s boundary, it appears that the Defendant appears that the fingers at the time of extending to the other police officers are in the status of clibing and drinking, and that the Defendant’s fingers are not likely to be able to check one hand in order to engraciate as the Defendant’s assertion.

Doshed the defendant, at the time of longing the face of the other police officer, was located near the defendant and the police officer, so even if the defendant's hand does not directly contact the face of the police officer, the exercise of unlawful tangible force on the body of the police officer should be deemed to have become an exercise of force.

Secondly, the court below acquitted this part of the facts charged, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (two million won in penalty) is too uneased and unfair.

2. Determination

A. On April 13, 2016, the Defendant: (a) considered that D, at the time of committing an insulting act, such as a criminal fact, he/she expressed his/her attitude toward D’s face to the police officer, at around 23:29, the Defendant: (b) considered D, at the time of committing an insulting act as described in the criminal facts, he/she expressed his/her attitude toward D’s face to the police officer D.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers waiting in the earth area.

B. The lower court rendered a not guilty verdict on this part of the facts charged on the grounds that the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court:

[Related legal principles] A crime of interference with the performance of official duties is established by assault or intimidation against a public official who performs his/her duties. At this time, assault is an act of exercising illegal tangible power against a public official, and intimidation is the other party of intimidation, either directly or indirectly or indirectly.