The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the obstruction of the performance of official duties, the Defendant attempted to go up to the roadway while under the influence of alcohol at the time, was booming with garbage, and was able to take a bath to many and unspecified persons, there was “conscept about about harm to his or another person’s life, body, and property”, and the employee I working at the Defendant’s operating hospital was also in a situation where it was difficult to control the Defendant.

Therefore, it is legitimate for police officers to take measures to protect the defendant on the earth as stipulated in Article 4 of the Act on the Execution of Police Officers' Duties.

The Defendant also threatened the police officer with the lethro h and assaulted the above H after the lethro h in the earth, and the police officers take the lethro h as part of the protective measure.

In light of the above, although a series of acts by police officers are legitimate as a "protective measure" under Article 4 of the Act on the Performance of Duties by Police Officers, the judgment of the court below which judged that protective measures are unlawful and acquitted of this part of the facts charged, which affected the conclusion of the judgment by misapprehending the facts and legal principles

B. The judgment of the court below which acquitted a police officer and I who had been at the site at the time of the Defendant’s abusivement on the insult on the ground that there is no possibility for them to deliver them to many and unspecified persons, is erroneous in the misapprehension of the legal principles on “public performance”.

2. Determination

A. On October 13, 2015, at around 18:41, the Defendant: (a) received a report from the Defendant that the Defendant avoided disturbance with the knife while holding the knife in front of the E convenience store located in the Da-gun, and subsequently, (b) decided that the Defendant was necessary to take protective measures against the Defendant; and (c) by police officers, the Defendant took protective measures against the Defendant to the G District Office in the Da-gun of the Da-gun Police Station in the F.

On October 13, 2015, the Defendant at the above G District Office around 19:08, from the victim guard who is the police officer belonging to the said District Office.