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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant, in a form of voluntary accompanying, was present in the earth, and attempted to leave the earth, but failed to take a measurement by not putting any concealment properly despite being required to take a alcohol test; and (b) the police officer asked him to comply with the drinking test; (c) but did not exercise any tangible power against the Defendant; (d) the Defendant immediately arrested the Defendant as an offender in the performance of official duties, as he spits or spits the drinking water, and immediately led the Defendant to comply with the drinking test.
In the end, the defendant's refusal to comply with a legitimate demand for alcohol measurement and went out of the scene, and in the process, violence has been committed against police officers to obstruct the performance of official duties. Therefore, police officers have committed a crime under Article 6 of the Act on the Execution of Police Officers' Duties.
In the case of emergency, all procedures for arresting the accused in the act of committing the crime and for measuring drinking driving are legitimate.
2. The judgment did not have the right to freely leave the police officer as the defendant was present at the seat of the police officer's voluntary request for accompanying the police officer. As such, the police officer could not escape the defendant.
Therefore, during the process of resisting such a proposal, the Defendant used violence against police officers.
Even if there was a lack of legitimacy of performing official duties, the defendant could not be held responsible for the obstruction of performing official duties.
Meanwhile, in order for police officers to control police officers' actions under Article 6(1) of the Act on the Performance of Police Officers' Duties to be deemed lawful performance of their duties, it can be objectively recognized that the act subject to criminal punishment is likely to be committed in front of that act, and if the act is not avoided, it would directly harm human life and body.