All of the appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal doctrine, public officials engaged in lawful performance of official duties in accordance with the procedures and methods stipulated by law. Since the Defendants assaulted or injured immigration control officials to prevent foreign workers from controlling by multiple force, such as the facts charged, the Defendants constitute a crime of obstructing the performance of each special official duties or causing injury or injury to a foreign worker interfering with the performance of special official duties.

B. The sentence of the lower court’s improper sentencing (the fine of KRW 2.5 million for each of Defendant A and limited partnership companies B) is too uneased and unreasonable.

2. Determination:

A. 1) Determination of the misapprehension of the legal principle as to the assertion of mistake of facts or misapprehension of the legal principle is an exception to the principle of warrant requirement, and in light of the legislative purport and content of the provision of the above law that provides an authority to investigate foreigners to visit immigration control officials, etc., the immigration control officials, etc. should obtain prior consent from the housing right holder or manager in order to investigate foreigners by entering a third party’s residence or a place of business where free access from the general public is not allowed based on Article 81(1) of the Immigration Control Act (see Supreme Court Decision 2008Do7156, Mar. 12, 2009; Supreme Court Decision 2006Do148, Sept. 8, 2006; Supreme Court Decision 2006Do148, May 26, 2011; Supreme Court Decision 201Do3156, May 21, 201).