On May 13, 2013, at around 20:40, the Defendants discovered the substitute driving tent in front of the cafeteria “H” restaurant located in Seocho-gu Seoul Metropolitan Government, and removed it, the Defendants: (a) laid the Defendant’s arms in front of the cafeteria; (b) pushed the Victim E’s chest; (c) pushed the Victim E’s chest; and (d) pushed the Victim F.

Accordingly, the Defendants jointly interfered with public officials' legitimate removal public duties by force.

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 where the act belongs to the abstract authority of a public official, but also where the act satisfies the legal requirements and methods concerning specific performance of official duties. Thus, the crime of obstruction of performance of official duties is not established on the ground that an act of assault or intimidation against a public official performing an act of lack of legitimacy is committed.

In other words, Article 65 (1) of the Road Act provides that "in cases where roads are illegally occupied and used repeatedly or habitually or it is difficult to achieve its purpose according to the procedures provided for in Article 3 (1) and (2) of the Administrative Vicarious Execution Act due to the need for rapid implementation, the road management agency may take necessary measures, such as removal of things placed on the road without going through the relevant procedures." The purpose of the above provision is to prevent traffic accidents and ensure smooth flow of road traffic.