A. The judgment of the court below which found the Defendants guilty of all the facts charged by misunderstanding the facts and misunderstanding the legal principles as follows.

(1) The vehicle driven by Defendant A is owned by the above Defendant’s family members and executing the custody of the registration number plate of the above Defendant, who is not the owner of the above vehicle, due to the failure to pay fines for negligence, is not a legitimate execution of official duties, and thus the Defendants committed assault to police officers in the course of resistance does not constitute an interference with the performance

(2) The assault committed by the Defendants to police officers does not constitute an assault that interferes with the performance of official duties by merely engaging in any act that was conducted by the Defendants in the course of fighting the horses or taking the packages off.

B. The sentence that the court below sentenced against the Defendants is too unreasonable. The sentence that the court below sentenced against the Defendants (a fine of two million won) is too unreasonable.

2. Determination

A. (1) Determination of misunderstanding of facts and legal principles on the first argument is established only when a public official’s performance of duties is legitimate. The term “legal performance of official duties” in this context refers to not only a public official’s abstract authority but also within his/her authority, and also must meet the requirements and methods as a job act. Whether a public official’s performance of official duties is legitimate should be determined objectively and reasonably based on the specific situation at the time of the act (see, e.g., Supreme Court Decisions 2008Do4721, Apr. 28, 201; 2010Do11281, Feb. 15, 2013). Meanwhile, according to Article 55(1) of the Act on Regulation of Violations of Public Order and Article 14 of the Enforcement Decree of the same Act, the amount of the administrative fine in arrears related to a motor vehicle is at least KRW 300,000,000 and more than 60 days are owned by the pertinent motor vehicle.