The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the defendant was sufficiently aware of the fact that he committed an assault, such as taking a bath to the police officer H who called out after receiving a report that a disturbance occurred at the time, and taking the chest back at the time. Therefore, the judgment of the court below which acquitted the defendant, is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

2. In light of the following circumstances acknowledged by the record, namely, the police officer: (a) stated that there was no assault by the Defendant, such as when the Defendant was her chest; and (b) it is difficult to deem that there was an assault for the obstruction of performance of official duties solely on the sole basis of the smuggling; (c) it is justifiable for the lower court to have acquitted the Defendant of this part of the charges on the grounds as stated in its reasoning.

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.