The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of claiming a misunderstanding of facts or a misunderstanding of legal principles, had a physical contact in the course of resisting by a police officer, as he/she forced himself/herself to wear a flood, and did not assault a police officer.

At the time, police officers did not disclose the reason that the defendant was not a flagrant offender (or even if the defendant's wife knew that the defendant's wife made a false report) and attempted to arrest the defendant by force during voluntary accompanying, and thus, it cannot be deemed that legitimate performance of official duties was conducted. Thus, even if the defendant used to assault and brut police officers in the process, it does not constitute the crime of obstruction of performance of official duties.

Nevertheless, the lower court found the Defendant guilty by misapprehending the facts or by misapprehending the legal doctrine.

B. The lower court’s sentence (six months of imprisonment and one year of suspended execution) against the Defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined in the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles, the court below's judgment that found the defendant guilty of the facts charged in this case is just and there is no error of mistake of facts or misapprehension of legal principles as alleged by the defendant.

According to the testimony of the witness E and F of the court below, a police officer who was dispatched to the scene of the case at the time, the following facts can be acknowledged:

① The police officer E and F reported the Defendant’s wife 112 and called the patrol vehicle, and people gather several times at the construction site, and the Defendant was seated with alcohol.

② Following the arrival of the above police officers, the Defendant’s wife stated that the Defendant would drink a disturbance, but the police officers only sit the Defendant.