The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) as long as the defendant had awareness and intent on the act of a police officer to spawn his hands, the criminal intent of the obstruction of performance of official duties is recognized, and the occurrence of the result is irrelevant to the establishment of the crime of the obstruction of official duties, and the defendant's act of assault itself alone constitutes the crime of the obstruction of official duties, and the crime of the obstruction of official duties is established without relation to the occurrence of the crime of the obstruction of official duties

2. Scope of the judgment of this court;

A. The separate or final prosecutor prosecuted the Defendant for the crime of obstruction of the performance of official duties or insult, and the lower court found the Defendant guilty of insult of each of the facts charged in the instant case, and acquitted the part concerning obstruction of the performance of official duties.

However, the prosecutor appealed with respect to the portion of innocence, while the part of insult which was found guilty was not appealed by both the defendant and the prosecutor, and the part which was found guilty was separated and finalized, so the scope of this court's trial is limited to the portion of obstruction of performance of official duties

B. 1) We examine the Prosecutor’s assertion of mistake and misapprehension of legal principles as to the part of the acquittal. The Prosecutor applied for amendments to indictment with respect to the charge of obstruction of performance of official duties against the Defendant for the first time in the trial, and this Court permitted it and thereby became subject to the trial of the first instance court. 2) The summary of the selective charge is around 04:00 on August 8, 2012, the Defendant was arrested from the police officer C belonging to the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City 4 Special Metropolitan City Special Metropolitan City 5 Special Metropolitan City Special Metropolitan City police officers and moved to D police boxes to the latter seat of the police station.