If the defendant does not pay the above fine, KRW 100,000.

피고인은 2014. 9. 17. 13:20경 남양주시 화도읍 마석우리 291-3에 있는 마석역 광장 옆 도로에서 남양주경찰서 소속 순경 C에게 담배꽁초를 쓰레기통이 아닌 곳에 버렸다는 이유로 단속을 당하면서 인적사항을 밝히라는 요구를 받자 “야이 씹할 새끼야, 내가 뭘 버렸다는 거야.”라고 욕설을 하며 갑자기 약 10m를 도주하였다.

Accordingly, the circumstances where D, which belongs to the Namyang Police Station, did the Defendant's hand, and stopped the Defendant, the Defendant obstructed the police officer's legitimate execution of duties in relation to the control of crime by assaulting D's chests, such as elbling the said D's chests one time in elbow, and c's chests one time in elbow, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Determination as to the defendant and defense counsel's assertion of each police statement about D and C

1. The defendant and his defense counsel asserted that the police officer's act of taking the defendant's hand against the defendant's will does not constitute the crime of obstruction of performance of official duties, since it is not legitimate performance of official duties.

2. The crime of obstruction of performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only the abstract authority of a public official, but also the case meeting the legal requirements and methods for specific performance of official duties. Thus, even if an act of assault was committed against a public official performing an act of lack of legitimacy, it cannot be viewed as a crime of obstruction of performance of official duties, and even if the statutory penalty is a minor crime of fine not exceeding 50,000 won, detention, or minor fine, it cannot be arrested without a warrant.