The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The defendant, in the misconception of facts or misapprehension of legal principles, was arrested by the police officers on the ground that he did not comply with due process such as presenting a writ of execution of punishment, or notifying the summary of the crime and the reasons for arrest, etc., and forced the defendant to board the police without complying with such due process, and led the police officers to inflict a bodily injury.

Therefore, arrest of police officers cannot be deemed legitimate performance of official duties, and the defendant's act of inflicting bodily injury on police officers during resistance to illegal arrest constitutes self-defense, but the judgment of the court below which convicted him of obstruction of performance of official duties or injury among the facts charged in this case, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. When considering the various circumstances on the defendant's point of unfair sentencing, the court below's imprisonment (nine months of imprisonment) is too unreasonable.

2. Determination

A. (i) The detention of a defendant in accordance with a mistake of facts or misapprehension of legal principles is substantially the same as the punishment of a person, and the provisions on the execution of a punishment of a person shall apply mutatis mutandis to the execution thereof (Article 492 of the Criminal Procedure Act). Therefore, a public prosecutor, who is an enforcement agency of a punishment, may summon a party who has not been detained, for the execution of the punishment, may issue a writ of execution of punishment and take them into custody when the party fails to comply with the summons (Article 473 of the same Act). In this case, the provisions on the detention of a defendant in accordance with Chapter 9 (Article 68 of the Criminal Procedure Act) of Part 1 of the Criminal Procedure Act shall apply mutatis mutandis to the execution of a writ of execution of punishment (Article 475 of the same Act). Ultimately, in order for a judicial police officer to take them into custody for the execution of detention of a