The prosecutor's appeal is dismissed.

1. The defendant's act of assaulting a police officer in the process of being arrested constitutes obstruction of the performance of official duties, since the arrest of the defendant against the summary of the grounds for appeal was lawful.

2. Determination

A. On November 26, 2014, at around 01:00, the Defendant: (a) heard the words of “D party head” located on the fourth floor of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) sought from G, a police officer belonging to the F District of the relevant Incheon Southern Police Station, to arrest him/her as a flagrant offender in the crime of insult; and (c) assaulted the said G’s hand by blafing, plpling, plucking, and plucking the chest of the said G with his/her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

B. The judgment of the court below is that any person may arrest a flagrant offender without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender, there should be concerns about the necessity of arrest, namely, the necessity of escape or destruction of evidence, and the arrest of a flagrant offender who fails to meet such requirements constitutes an illegal arrest without a warrant based on the legal basis.

Here, the issue of whether a person satisfies the requirements for arrest of a flagrant offender should be determined based on the situation at the time of arrest, and the judgment of a prosecutor, judicial police officer, etc., such as prosecutor, judicial police officer, etc., has considerable discretion. However, in light of the situation at the time of arrest, if a prosecutor, judicial police officer, etc.’s judgment on whether the requirements are met is considerably unreasonable in light

(See Supreme Court Decision 201Do3682 Decided May 26, 2011). Examining the instant case in light of the foregoing legal doctrine, according to the evidence duly adopted and examined by the lower court, E and I witness the offense of insult of the Defendant, and the Defendant wanted to leave the above party room.