The prosecutor's appeal is dismissed.

1. Grounds for appeal (based on factual errors and misapprehension of legal principles);

A. Of “any person who performs or assists in other duties concerning the restraint of human body” as the principal agent of the crime of direct assault under Article 125 of the Criminal Act, it cannot be deemed that “a person who, without fail, performs or assists in the duties of a judicial police officer” is limited to cases stipulated in Articles 5 and 6 of the Act on the Persons Performing the Duties of Judicial Police Officials and the Scope

In other words, even if it was not designated by the chief prosecutor of the competent district public prosecutor's office under Article 5 (1) of the Judicial Police Duties Act, it is reasonable to view that it is the principal agent of the crime of direct assault in case of assisting a person who performs his duties concerning the restraint

B. The object of the crime of direct assault is defined as “criminal suspect or any other person”. Considering the fact that the victim was committed in the course of avoiding disturbance after the investigation was taken to investigate the crime against the suspect, and that the victim was tried as the crime of insult against the victim, the victim constitutes the object of the crime of direct assault.

C. Therefore, the judgment of the court below which acquitted the charged facts of this case on the ground that it does not constitute the subject or object of the crime of direct assault is erroneous in the misunderstanding of facts or misapprehension of legal principles

2. The judgment of the court below also asserted the same purport as in the court below, and the court below took full account of the circumstances acknowledged in accordance with the evidence duly admitted and investigated by the court below. According to the provisions of Article 197 of the Criminal Procedure Act and Article 5 subparagraph 1 and Article 6 subparagraph 1 of the Duties of Judicial Police Officers Act, in order to constitute “any other person who performs or assists in the duties concerning the restraint of human beings” as provided in Article 125 of the Criminal Act, the court below appointed a chief prosecutor of the competent district public prosecutor’s office upon the proposal of the head of the prison or detention house under the jurisdiction of the court