All the judgment below is reversed.

Defendant

B shall be punished by a fine of KRW 300,00.

Defendant

B The above fine shall not be paid.

1. The summary of the grounds for appeal is that Defendant B, while under the influence of alcohol, sought a so-called “Embab” gambling box. However, even after Defendant B’s escape from the “Embabbb” where the “Embab” gambling was replaced, Defendant B, a police officer D and G sent to the site after receiving 112 reports, and was punished by the “Embabb” gambling, he was sexually distance at the place where the “Embab” gambling was put. However, Defendant B’s arrest of Defendant B as a flagrant offender in committing the crime of gambling was not a lawful performance of official duties. However, when Defendant B’s arrest was put to two arms in the process of resisting Defendant B’s arrest, and Defendant B, a punishment of Defendant B, who was near the scene, did not constitute an obstruction of the performance of official duties, the lower court convicted the Defendants of obstruction of the performance of official duties by misapprehending the facts, thereby convicting them.

2. 이 사건 공무집행방해의 공소사실 피고인들은 2013. 3. 2. 17:50경 서울 강북구 번동 449-7 유성빌딩 앞에서, 야바위꾼들이 도박을 한다는 신고를 받고 출동한 서울강북경찰서 소속 경찰관 D이 도주하는 야바위 도박 혐의자를 쫓아가 체포하려고 하자 이를 막기 위하여 피고인 A는 “우리가 뭘 잘못했는데 왜 사람을 잡느냐”라고 말하며 배로 위 D을 막으며 밀고, 양손으로 D을 막고, 피고인 B은 배로 D을 밀고 주먹으로 때릴 듯이 휘둘러 폭행하였다.

Accordingly, the Defendants conspired and interfered with the legitimate performance of official duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

3. Determination

A. The evidence that conforms to the facts charged in the obstruction of the performance of official duties of this case lies in each legal statement of the court below and witness D, witness G, part of the court below's legal statement of H, D and G, and the police statement of the police statement of D and G. According to the above evidence, the defendant A around March 2, 2013, around 17:50, 449-7.