The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant interfered with the execution of a crime of obstruction of the performance of official duties, such as assaulting a police officer by setting up against the illegal or unreasonable arrest of a flagrant offender B, who is a member of the company, and thus, the Defendant cannot be held liable for the crime of obstruction of the performance of official duties, which

Nevertheless, the court below erred by misapprehending the legal principles as to the crime of obstruction of performance of official duties.

B. The sentence imposed by the court below on the defendant (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. Determination of whether a person satisfies the requirements for the arrest of a flagrant offender as to the assertion of misapprehension of the legal principles ought to be made based on the situation at the time of arrest, and the judgment of the investigative body is reasonable, and even considering the situation at the time of arrest as the situation at the time of arrest, the arrest of a flagrant offender cannot be deemed unlawful unless the judgment of the investigative body on the requirements considerably lacks rationality in light of the empirical rule (see, e.g., Supreme Court Decision 2012Do8184, Nov. 29, 2012). The legality of the arrest of a flagrant offender should be objectively determined based on the specific situation at the time of arrest, and should not be determined based on

(See Supreme Court Decision 201Do4763 Decided August 23, 2013). According to the evidence duly admitted and duly examined by the lower court and the trial court, the following facts are as follows: (i) around October 16, 2018, B reported at the session of Dongdaemun-gu Seoul, Seoul, that the left part of G was unfolded before the opening of the session No. 2 prior to the opening of the session No. 196 located at the session No. 196 at the session of Dongdaemun-gu, Seoul, 196; (ii) G g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g