The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) of the police officer’s arrest of the defendant against the police officer of this case is only legitimate or at least formal errors, and the arrest of the defendant against the speaker was illegal.

Even if the crime of obstructing the performance of official duties of the Defendant was committed regardless of the police officer's arrest, there is an error of misunderstanding the facts and misapprehension of legal principles in the lower judgment that denied the establishment of obstruction of performance of official duties on the grounds of illegality of arrest of flagrant offenders

2. Determination

A. The lower court rendered a not guilty verdict on this part of the facts charged while explaining in detail the grounds for determination on the relevant legal doctrine.

Examining the evidence duly adopted and examined by the court below with the record and closely, it affirms the judgment of the court below that the defendant's act that occurred in the course of refusing to comply with the requirements for arrest of flagrant offenders cannot be regarded as interference with the performance of official duties, and otherwise, the evidence submitted by the prosecutor alone proves that the facts charged of this case is beyond reasonable doubt.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.