The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. With regard to the obstruction of performance of official duties among the facts charged in the instant case of mistake of facts, since the police officer G and E consistently stated that the Defendant committed a loss to a police officer who would have been subject to a drinking measurement demand, there is credibility, and since the police officer also stated to the same purport, the above part of the facts charged against the Defendant is sufficient to be found guilty.

Nevertheless, the court below acquitted the police officer G and E on the ground that it is difficult to believe the statements of the police officer G and E as they are, the statements of the most objective witness F alone is insufficient to recognize the assault, and that the defendant's drinking cannot be spawned.

The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two months of imprisonment, two years of suspended sentence, and eight hours of community service order) is unreasonable as it was due to the mistake of not guilty of the obstruction of performance of official duties among the charges of this case.

2. Determination

A. (1) On August 16, 2018, at around 20:25, the Defendant: (a) received a 112 report that the occurrence of a traffic accident at the C cafeteria parking lot located in Gyeong-gun, Yongnam-gun; and (b) received a request for a drinking test from the slope E belonging to the Kum-gun D District of the Kum-gu Police Station called “I will not take a drinking test for why we have to dice, I need to am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am am to the face of the above E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

(2) As to the above facts charged in the judgment of the court below, the defendant and his defense counsel share their arms in the process of refusing to measure alcohol.