A. Although the Defendant explicitly expressed his/her intention to refuse to take a video recording by mistake of facts and misapprehension of the legal principles, it is not a official duty to take a video recording for the police officer D to prove the violation of the Punishment of Minor Offenses Act. Therefore, the Defendant’s first friendly her intention to refuse to take a video recording is not a crime of obstruction of performance of official duties.

Nevertheless, the arrest of the defendant on the charge of obstruction of performance of official duties at the time of D is illegal performance of official duties that lack the requirements for arrest of the criminal in the act of committing an offense of obstruction of official duties.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in June, community service, 120 hours) is too unreasonable.

2. Determination

A. First of all, determination of the assertion of mistake of facts and misapprehension of the legal principles, the act of the police officer D taking the defendant for the evidence regardless of the defendant's intention of refusal is illegal execution of official duties.

Any person has freedom not to be taken without permission, such freedom is not unlimited, but may, if necessary, be limited to the extent of national security, maintenance of public order, and public welfare. In investigating a crime, the investigative agency is currently committing a crime, immediately after the investigation is conducted or conducted, the necessity of preservation of evidence and urgency thereof, and, in cases where photographs are taken in a reasonable manner generally acceptable, the above photographing was conducted without a warrant.

Therefore, it cannot be readily concluded unlawful.

(See Supreme Court Decision 9Do2317 delivered on September 3, 199). According to the evidence duly adopted and examined by the court below, the defendant, according to the evidence duly adopted and examined by the court below, he saw that the police officer D was spiting, spiting, etc. of drinking cans on the floor, and D violated the Punishment of Minor Offenses Act.