The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1’s act of mistake of facts and misapprehension of legal principles is aimed at setting up against an unlawful performance of official duties, and thus, it does not constitute an element of the crime of obstruction of performance of official duties, or passive resistance to illegal arrest, which does not violate the social rules, and thus, is thus dismissed. In other words, the police officer voluntarily enters the residence of the child-friendly district where the Defendant was stationed at the time of the instant case, and the police officer went into his own discretion, and the police officer attempted to illegally arrest the Defendant, and the police officer tried to unlawfully arrest the Defendant in doing so is merely passive resistance to the Defendant. 2) The punishment of unfair sentencing (hereinafter “fine 3 million won”) imposed by the lower court is too unreasonable.

B. The sentence (three million won of a fine) imposed by the prosecutor by the court below is too unhued and unreasonable.

2. The Defendant asserted the illegality of the performance of official duties and the legitimate act in the lower court to the purport that the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine was alleged in the trial.

The lower court acknowledged the following facts based on evidence, and determined that the police officer’s performance of duties at the time of the instant case was lawful in accordance with Article 7(1) of the Act on the Performance of Duties by Police Officers, and the Defendant’s act did not constitute a passive resistance, which does not violate the social rules.

In addition, the lower court determined that the Defendant’s statement alone cannot be readily concluded that F was the Defendant’s price and nose, and that even if there was an assault during the process of arresting a flagrant offender, it cannot be said that there was no influence on the establishment of the Defendant’s crime of obstruction of performance of official duties that had already been established before

① The police officers F and G, who rapidly called to the site of this case upon receiving a report to the effect that “diversous sound and women’s secret view ...........” The police officers F and G, who were called to the site of this case, continue to do so in front of the above loan building.