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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor’s appeal (misunderstanding of facts and misapprehension of the legal principles) is that the Defendant intentionally sprinked tobacco smoke to E face while sprinking against the lawful parking control by police officers E, sprinking him/her, sponsing him/her, and sprinking him/her, and sprinking him/her to close close to E. This act constitutes violence to the extent that it interferes with legitimate performance of official duties concerning parking control.
In addition, since the defendant's sudden behavior at the time was sufficiently anticipated, the arrest of the defendant as the current criminal who interfered with the execution of official duties constitutes a lawful arrest that is recognized as the necessity and proportionality of arrest, and because the defendant assaults with the ebbbbb, such act also constitutes interference with the execution of official duties.
Nevertheless, the lower court erred by misapprehending the legal doctrine on assault in relation to the crime of interference with the performance of official duties by rendering a not-guilty verdict on the facts charged of the instant case.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the defendant set up a taxi at the corner of the road, which is a prohibited zone for spirits, and smoked out of the taxi, and (ii) the police officer E and F who was on patrol discovered it and demanded the defendant to immediately move the vehicle, and (iii) the defendant maintains why he or she controlled the vehicle.
E did not respond to the above demand, and E took the Defendant’s bath to himself.
I think of the defendant and why he will do so.
the Defendant did not wish to do so, and the Defendant did not wish to do so.
At the end, there was a dispute over each other’s face near, and ② as the defendant said to be “the same bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch at any time.”
”라고 말하고 입에 담배를 문 채 담배를 빨아들였고 E이 “ 지금 그랬잖아
“The sound” means that the smoke of tobacco is sponsed from the entry of the defendant at the moment.