The appeal by the prosecutor against the judgment of first instance and the appeal by the prosecutor against the judgment of second instance are all dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act of the first instance judgment (public prosecutor) constitutes an assault against the crime of obstruction of performance of official duties, thereby obstructing the police officer’s official duties, and the lower court’s judgment that acquitted the Defendant of such an act even though the Defendant’s act does not constitute self-defense or legitimate act is erroneous

B. The Defendant did not commit any indecent act by compulsion or damage to property in the second instance judgment (a).

B) The sentence (7 million won of fine) imposed by the court below on the defendant is too unreasonable. 2) The above sentence imposed by the court below on the defendant is too uneasible.

2. Determination

A. Determination of the mistake of facts and misapprehension of legal principles by the prosecutor related to the judgment of the first instance court. 1) Since violence and intimidation in the crime of obstruction of the performance of official duties by nature should be sufficient to obstruct the public official’s performance of duties, if it is minor and thus, it does not constitute violence and intimidation against the public official (see, e.g., Supreme Court Decision 2006Do449, Jun. 1, 2007). Article 12(5) of the Constitution declares the principle that “any person shall not be arrested or detained unless he/she is notified of the grounds for arrest or detention and the right to assistance of counsel is given.” Article 72 of the Criminal Procedure Act provides that “No person may be arrested or detained unless he/she notifies the defendant of the summary of the crime, the reason for detention, and the opportunity to defend him/her may be given.” Meanwhile, this provision provides that the public prosecutor or judicial police officer may arrest a flagrant offender or arrest a flagrant offender pursuant to Article 213-2 of the Criminal Procedure Act.