The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant case, the victim C, who was the former part of the misunderstanding of facts or misapprehension of the legal principles, did not request the Defendant to leave.

In such a situation, a minor assault against the police that occurred in the course of resisting to arrest the defendant without authority by ordering the police who was dispatched after receiving a report from the defendant's father, to leave the defendant without authority, or resisting the police to refuse to leave the police, is a contingent and temporary act, and there was no concern about escape or destruction of evidence. Therefore, it is unlawful for the police to arrest the defendant as a flagrant offender at the time of the instant case.

However, the lower court’s judgment which determined otherwise and found all of the charges of refusing to withdraw and obstructing the performance of official duties, which is the facts charged of this case, was erroneous by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting

B. The sentence that the court below sentenced to the defendant (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 80 hours) is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of facts and misapprehension of legal principles on the arrest of flagrant offenders (1) Any person may arrest an offender without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest an offender as a current offender, there must be concerns over the necessity of arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment for an act to be committed, the current situation and time contact with the offender, and the apparentness of an offense, and arrest of a flagrant offender who fails to meet these requirements constitutes illegal arrest without a warrant, which is not based on legal basis.

Here, whether the requirements for the arrest of flagrant offenders are met should be determined based on the situation at the time of arrest, and the judgment of the investigative body, such as prosecutor or judicial police officer, may have considerable discretion, but it also meets the requirements in light of the situation at the time of arrest.