The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As to the obstruction of the performance of official duties in this case by misapprehending the legal principles, the defendant only set up against the illegal execution of official duties by an investigative agency as follows, and thus, the court below found the defendant guilty. Thus, the court below erred by misapprehending the legal principles.

1) Although an investigative agency said that the Defendant was arrested as a crime of insult at the time of arresting the Defendant in this case, it prepared a letter of arrest of a flagrant offender as if it were to say that he was arrested as two criminal facts of “Contempt” and “Obstruction of Performance of Official Duties”. This is because the investigation agency omitted part of the criminal facts to be notified to the Defendant at the time of arresting a flagrant offender and prepared a false letter of arrest of a flagrant offender, the arrest of a flagrant offender against the Defendant is unlawful. (ii) In the event of arresting a flagrant offender, the investigative agency shall inform in writing the spouse, lineal relatives, etc. designated by the suspect or his defense counsel of the date and time and place of arrest, summary of the criminal facts, and the purport of appointing a defense counsel (Article 231-2 of the Criminal Procedure Act;

3) The arrest of the Defendant in the act of committing an offense against the Defendant was unlawful by failing to meet the requirements (i.e., punishment for an act and likelihood of destruction of evidence). B. The lower court’s sentence against the Defendant of unfair sentencing (two months of imprisonment) is too unreasonable.

2. Determination

A. On the assertion of mistake of facts, the judgment of the court below on the assertion of insufficient notification is stated that the arrest letter of flagrant offender (the "reasons for arrest" of the 16th of the trial record stated that "the defendant arrested the defendant as a flagrant offender committing a crime of insult by assaulting F, who is a police officer, during the arrest of the defendant as a flagrant offender, and informing him of the summary of the crime, the reason for arrest, the right to appoint a defense counsel, etc., and the F is also arrested in the act of obstruction of performance of official duties."