The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the obstruction of performance of official duties among the facts constituting a crime of mistake of facts in the judgment of the court below, the defendant tried to illegally arrest an offender in the act of committing an offense and resisting the illegal arrest and thereby confirm the name tag of the chest part. There was no assault by booming H by breath with breath’s hand.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for one year of imprisonment and two hundred hours of the community service order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. 1 Determination as to the legitimacy of the arrest of the Defendant as a flagrant offender is required to determine whether the act is punishable, the current and hourly contact of the crime, other than the apparentness of the crime and the crime, and the necessity of arrest, namely, the necessity of escape or destruction of evidence, and the arrest of a flagrant offender who fails to meet such requirements constitutes illegal arrest as an unfounded arrest warrant. Here, determination as to whether the requirements for the arrest of a flagrant offender are met is based on the situation at the time of the arrest. Determination by the prosecutor or senior judicial police officer, etc. as to the above requirements is based on reasonable discretion. However, if the determination by the prosecutor or senior judicial police officer, etc. as to whether the requirements are met is considerably unreasonable in light of the empirical rule, such arrest is illegal (see, e.g., Supreme Court Decision 2011Do3682, May 26, 2011), and the court below and the court of first instance, and evidence duly adopted and investigated by the aforementioned military police officer, and the Defendant is deemed to be one’s own police officer under the control of Eunpyeong No. 13.