At around 23:50 on September 13, 2014, the Defendant, who was requested by the police officer to submit an identification card at the D police box located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), committed assault by the police officer, such as “if the Defendant treats him as a victim, and why he was a crime,” and “if the Defendant was able to take advantage of his identification card first, she was able to take advantage of his identification card,” and the circumstances where the Defendant was assigned to the said police box, E, and F, in the course where the Defendant was able to take advantage of the Defendant’s personal identification card, and the Defendant committed assault by F’s buckbuck as her head, etc.

The Defendant continued to assault the Defendant by asking the left hand of the E as soon as possible, with the defect that he intends to take on the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the management of the police officer.

Summary of Evidence

1. Each legal statement of witness F, E, and G;

1. Partial statement of the police interrogation protocol of the accused;

1. A damaged photograph, dynamic image closure photograph;

1. Application of CCTV image Acts and subordinate statutes;

1. Determination of the relevant Article of the Criminal Act and Article 136(1) of the Criminal Act regarding the criminal facts and the assertion of the defendant and his/her defense counsel

1. The gist of the assertion was merely asserted by the police officers who illegally arrested him/her, and only demanded the police officers to unfairly unsatisfe the locks.

Therefore, the defendant's act is merely a passive resistance against the execution of official duties such as illegal arrest of a flagrant offender, and thus, the crime of obstruction of performance of official duties is not established.

2. Article 10-2(1) and (2) of the Act on the Performance of Duties by Police Officers requires a police officer’s reasonable judgment of the situation when there are reasonable grounds for “the prevention of arrest and escape of a criminal who commits a crime punishable by death penalty, life imprisonment, or imprisonment with or without prison labor for at least three years, protection of his/her or another person’s life and body, suppression of resistance to the performance of official duties.”