The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (the mistake or misunderstanding of legal principles) the defendant tried to resist and leave the scene of crackdown E by a traffic control official, and E demanded to prevent the defendant and present his/her identification card. The above actions of E are legitimate performance of official duties, since they do not exercise physical tangible power or attempt to arrest the defendant, but do not exceed the minimum degree necessary for performing official duties.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on the premise that the execution of official duties was not legitimate, is erroneous by misapprehending the legal principles.

Judgment

The following circumstances and facts acknowledged by the evidence duly adopted and examined by the court below, namely, ① E, F, a control official, demanded the Defendant to produce identification cards to impose an administrative fine due to garbage dumping without permission, and the Defendant refused to produce identification cards. E, F, the Defendant: (a) expressed the Defendant’s desire to “hin” and “hin chex”; (b) the Defendant, without leaving the job, expressed the surrounding surroundings and called to the police (not deemed to have attempted to flee); (c) E, a public official of the Republic of Korea, caused the Defendant to leave the door, prevented the Defendant from facing his arms; and (d) the Defendant continuously obstructed the Defendant from executing official duties; and (e) the Defendant’s act was difficult to view it as a lawful escape in the course of the process, and even if it was difficult to view it as a lawful escape from official duties.