Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

A. In light of the legal principles, the Defendant assaulted a police officer as stated in the facts charged of obstruction of performance of official duties among the charges of this case, but the crime of obstruction of official duties is established only when a public official’s performance of official duties is legitimate. The arrest of a police officer at the time constitutes an illegal arrest without a necessity to arrest an offender in the act of committing an offense of obstruction of official duties (the risk of the destruction of evidence or the destruction of evidence). Therefore

Nevertheless, the court below erred by misapprehending the legal principles on legitimate performance of official duties as an element for establishing the crime of obstruction of performance of official duties, which affected the judgment.

B. The sentence imposed by the court below on the defendant (three million won of fine) is too unreasonable.

2. Determination

A. According to the various evidence duly adopted and investigated by the court below regarding the assertion of legal principles (in particular, the witness G's legal statement and on-site entry report), the police officer G sent to the site after receiving C's 112 report due to the cost incurred by the Defendant and taxi engineer C, shall hear the cause and result of the trial from C, and arrest the Defendant as an offender in the act of assault during the time of arrest, and the Defendant refused to take the patrol in the course of arrest, and attempted to escape on the way of coming back to the district. Furthermore, in light of such acknowledged facts, the police officer may be deemed to have been in need of arresting the Defendant as a flagrant offender at the time of arrest.