The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

A. In relation to the crime of embezzlement of stolen objects, the Defendant had an intention to obtain illegal acquisition of the mobile phone in full view of the following: (a) left the mobile phone acquired by the Defendant to the store holder; (b) brought his house without reporting the loss to the nearby police station; and (c) made several times to refuse to return the mobile phone if the victim is aware of the honorarium; (d) the police has the right to request the Defendant to pay honorariums; and (e) the police did not comply with the procedure even though he did not comply with the request.

B. Regarding the crime of obstruction of the performance of official duties, there was no illegality in the process of arresting the defendant as a flagrant offender. Nevertheless, as long as the defendant breaths of a police officer, the crime of obstruction of the performance of official duties is established.

C. Nevertheless, the judgment of the court below that acquitted the defendant is erroneous and adversely affected by the conclusion of the judgment.

Judgment

A. On August 21, 2013, at around 16:10 on August 21, 2013, the Defendant, at the first floor store in Bupyeong-gu, Incheon, Bupyeong-gu, U.S., 171 Embropt 1, obtained gallon ju S3 mobile phones lost by the victim C. The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled as he/she had on his/her own thought, without taking necessary procedures. (ii) As evidence conforming to the facts charged in this part of the judgment of the lower court, there are statements made between the victim and his/her relative F, E’s investigation agency and court.

However, according to the witness C and F's testimony, ① the Defendant acquired a mobile phone at Empt flive point, received the victim's flive phone, consistently flocked to return a flive mobile phone, ② the Defendant became aware of 2 hours from the time when she acquired the mobile phone with the victim, and ③ the Defendant came to have a mobile phone at his Bupyeong-gu slurt.