The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the police officer D, in principle, voluntarily investigate the defendant while under the influence of alcohol at the time of the instant case, although the defendant was on the driver's seat while under the influence of alcohol, and the compulsory investigation should be limited to the minimum necessary extent pursuant to Article 199 (1) of the Criminal Procedure Act, and the defendant's request for voluntary act while continuing to commit an act of interference with performance of official duties is merely an illegal act in the process of preventing the defendant from committing an act of interference with performance of official duties. Thus, even if the defendant's act of interference with performance of official duties is not constituted even if the defendant's act of interference with official duties is not established, the police officer D merely sealed the defendant during the commission of an act of interference with official duties. On the other hand, the defendant cannot be viewed as self-defense of the police officer D's act of interference with official duties, and even if the defendant's act of interference with official duties was established or not established, the court below erred in the misapprehension of legal principles as to the crime of interference with official duties imposed on the defendant.

2. Determination

A. On June 25, 2013, the summary of the facts charged in the instant case (1) is as follows: (a) the Defendant’s charge of obstruction of performance of official duties and injury is to investigate the suspicion of drinking driving, in the direction of the large-scale showsion, which is located in the Jindong-gu, Jindong-si, Kim Jong-si, and the victim guard D (age 52) who is a police officer belonging to the Kim Dong-si Police Station C police box.