The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal in G's investigative agency and the court of original instance, which correspond to the facts charged in the instant case, are consistent and clear, and are consistent with the images of the photograph taken by G's upper part, and their credibility is acknowledged. On the other hand, H's statement in the court of original instance, it is difficult to recognize its credibility because H is a woman-friendly person of the Defendant, and it includes such contents as H's control over access to the earth, and it is difficult to recognize its credibility. D's statement in the court of original instance, which is an operator of convenience store, cannot be deemed as witness of this case, and it is difficult to view that D's statement in the court of original instance, which is more favorable to the Defendant, as it is stated in the investigative agency, and it is contrary to what is stated in the investigation agency, and thus, it is impossible to believe this as it is, the court below determined the Defendant not guilty as to the facts charged in the instant case by misapprehending the legal principles on obstruction of performance of official duties by misunderstanding the facts based on

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 201Do7261 Decided November 10, 201, etc.). Also, in light of the spirit of substantial direct and psychological principle adopted by the Criminal Procedure Act, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court was based on the evidence examination results of the first instance court and the evidence examination results additionally made up until the closing