1. On August 11, 2012, Article 6(1) of the Act on the Performance of Duties by Police Officers (hereinafter “Act on the Performance of Duties by Police Officers”) provides that “If it is deemed that a criminal act is about to be committed in front of the police officer, the police officer may issue necessary warning to the person concerned to prevent the criminal act, and if it is urgently required due to the act’s danger and injury to human life or to cause serious damage to property, the police officer may restrain the act

The warning or proposal of police officers prescribed above can not only be conducted before the commencement of the commission of the crime for the prevention of the crime, such as the language and text thereof, but also can be conducted in order to suppress the crime during the continuation of the crime.

(See Supreme Court Decision 2013Do643 Decided September 26, 2013). In full view of the evidence duly admitted and examined by the first instance court, the lower court acknowledged the following facts: (a) the Defendant, on August 11, 2012, committed a demonstration against the construction of a naval base by sitting together with a large number of people, such as P, at the entrance of the instant construction site; (b) issued a warning to the head of the Seogpo Police Station to turn off the paths on three occasions; and (c) issued a warning to the head of the Seopo Police Station to turn off the paths on three occasions; and (d) the Defendant was aware of the fact that the mitigation was attempted to move to the edge of the road.

Based on this, the lower court determined that the Defendant’s act committed an injury to a reduced S in the course of performing the above duties constitutes the crime of obstruction of the performance of official duties and the crime of injury to the victim, since the Defendant’s act of the reduced S in the course of performing the above duties is to restrain the Defendant’s continuous obstruction of duties, and thus, it constitutes the crime of obstruction of the performance of official duties and the crime of injury.

Records are recorded in accordance with the legal principles as seen earlier.