The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the legal principle) is that the Defendant voluntarily accompanied the police officer to request the police officer to speak his/her personal information in the earth, refused it, and assaulted the police officer during the course of escaping from the earth. Since the police officer’s act to verify his/her personal information constitutes lawful execution of duties, it constitutes a crime of interference with the performance of official duties by the Defendant’s act of assaulting the police officer.

Nevertheless, the court below ruled that the police officer's act does not constitute legitimate execution of duty, and found the defendant not guilty of the facts charged.

2. Determination

A. Since voluntary accompanying of the relevant legal principles requires the consent or consent of the other party, the other party can refuse the request of the police officer for voluntary accompanying, and there is a freedom to leave the police office at any time after voluntary accompanying (see Supreme Court Decision 97Do1240, Aug. 22, 1997, etc.). In the instant case, the health stand in the instant case in light of the aforementioned legal principles, the facts and circumstances acknowledged by the court below, and the evidence duly adopted and investigated by the court below, as follows: ① the defendant received 112 reports and expressed his/her intent to leave the police station immediately after arrival of the earth, and ② the police officer expressed his/her intention to leave the police station again after demanding the police officer to speak his/her personal information, ② the defendant's demand to leave the police officer to leave the zone, and ③ the defendant's personal information can continue to be provided through CCTV at the time of his/her request by the police officer.