The defendant's appeal is dismissed.

1. The court below dismissed the prosecution as to the assault against the victim F (the age of 33) among the facts charged against the defendant and sentenced the defendant guilty as to the remaining facts charged.

Since only the defendant appealed against the guilty portion, the dismissal of prosecution which the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Inasmuch as it is difficult to view the Defendant’s act of assaulting against the Defendant at the time, and there was no risk of escape or destruction of evidence, the arrest of the Defendant, who committed assault, was unlawful because the Defendant did not meet the requirements for arrest of the flagrant offender. Therefore, the act of the Defendant who resisted against this is not an obstruction of the performance of official duties. 2) In the course of the police officer’s arrest of the Defendant as a flagrant offender, the police officer forced the Defendant to attract the Defendant by force, and caused a serious pain on the vehicle, and thus, the Defendant did not have intention to obstruct the performance of official duties or damage public goods.

B. The sentence imposed by the lower court (two years of suspended execution for eight months of imprisonment, and eight hours of community service order) is too unreasonable.

3. Judgment on misconception of facts or misapprehension of legal principles

A. Any person who is or immediately after the commission of an offense regarding the allegation that the arrest of a flagrant offender is illegal may arrest a flagrant offender without a warrant.

In order to arrest a flagrant offender as a flagrant offender, there should be a possibility of escape or destruction of evidence in addition to the punishment of the act, the current and timely contact of the crime, the necessity of arrest, i.e., the apparentness of the crime, and the risk of escape or destruction of evidence.