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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal lies in the police officer’s speech that the defendant himself was under suspicion of larceny, and continued to take a bath to the police officer, disregarding the police officer’s warning. All of the witnesses in the vicinity at the time except one witness at the time was the defendant, and the defendant was likely to visit witness and destroy evidence, and the defendant escaped immediately after the arrest of the police officer, and there was a need to arrest him as a flagrant offender in the crime of insult because there was a concern about escape or destruction of evidence.
Therefore, it was legitimate for police officers to arrest the defendant as a flagrant offender in the crime of insult, and the defendant's act of assaulting the above police officers constitutes a crime of obstruction of performance of official duties and an illegal act.
Therefore, the court below which acquitted the obstruction of performance of official duties has erred by misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. On September 29, 2012, the summary of the facts charged: (a) around 16:45 on September 29, 2012, the Defendant committed an assault, such as putting the Defendant into hand, by drinking the epib of slope F, which was trying to arrest him as an offense of insult, at the “Drenk’s office of the Defendant’s operation” in Maren City C, and committing an assault by causing the police officer to fall on the floor of the G police officer’s legitimate performance of official duties.
B. The lower court’s judgment, based on the evidence, found the following: (a) upon receiving a report from H, a customer by F and G, a police officer on the day of the instant case, who was in conflict with the Defendant, due to the return of a siren vehicle on the day of the instant case, and attempted to verify the Defendant’s contents of the report; (b) the Defendant expressed a desire to police officers; and (c) the police officers notified the Defendant to arrest the Defendant as an offender in the crime of insult; and (d) during that process, the Defendant arrested the Defendant as indicated in the facts charged.