The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

A does not pay the above fine.

1. Summary of grounds for appeal;

A. misunderstanding the facts and legal principles 1) Defendant A’s police officers arrested the Defendant as the current criminal whose property was damaged (the current arrest letter against the Defendant only includes the damage of property due to arrest). At the time, the Defendant had already completed the crime of property damage, and thus, the arrest of the Defendant as the flagrant offender was unlawful.

Even if the Defendant resisted against the police officer’s unlawful arrest act, and assaulted the police officer, it is not illegal as it constitutes a legitimate defense (the police officer did not assault the police officer before the police officer was able to take a lock). The lower court determined otherwise by misapprehending the facts or misapprehending the legal doctrine.

2) Defendant B and C only engaged in passive restraint and did not assault police officers, and did not have the intent to commit assault.

Even if not, since police officers attempted to arrest A even though they failed to meet the requirements for the arrest of flagrant offenders as described in the above paragraph (1) above, the Defendants resisted against the arrest and assaulting police officers (Defendant B’s body was sealed by police officers, and Defendant C’s arms were left by police officers) do not constitute a crime of obstructing the performance of official duties.

The lower court determined otherwise by misapprehending the facts or misapprehending the legal doctrine.

B. The sentence that the lower court sentenced the Defendants (for 10 months of imprisonment, 2 years of probation, 300 hours of community service work, 6 months of probation, 2 years of probation, 160 hours of community service work) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Article 199(1) of the Criminal Procedure Act provides that “The investigation may be conducted in order to achieve its purpose.”

However, the principle of voluntary investigation is clearly stated by stipulating that compulsory measures shall be taken only where there are special provisions in this Act to the minimum extent necessary.