The prosecutor's appeal is dismissed.

1. 항소 이유의 요지( 사실 오인) 피고인이 행인인 H 등에게 다가가 위해를 가하려고 할 때 경찰관 F이 피고인을 제지하였고, 이에 피고인은 F의 손목을 꼬집고 발로 F의 정강이 부위를 걷어찼다.

Since these acts of the defendant constitute interference with the performance of official duties, the arrest of the defendant by police officers such as F as the current criminal of interference with the performance of official duties also constitutes legitimate performance of official duties.

2. Determination

A. In full view of the circumstances as indicated in its reasoning acknowledged by evidence, the lower court first abused a police officer.

It is difficult to recognize that the defendant, who did not have the duty to attend the investigation agency, forced the defendant to accompany the patrol vehicle, and the defendant seems to have resisted this.

The defendant issued a more severe resistance after being arrested in the act of committing the crime, and the court below's decision that the defendant is not guilty on the basis of such decision is justified, since the F's superior position may arise after the arrest in the act of committing the crime.

B. Therefore, the police officers, such as F, cannot be deemed lawful performance of official duties to arrest the Defendant, and even if they injured F during the process of resisting to this end, illegality is dismissed as it constitutes a legitimate defense.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.