The judgment of the court below is reversed.

The defendant shall be innocent.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. Prior to determining the grounds for ex officio appeal, we examine the legality of performing official duties of this case ex officio.

A. The summary of the facts charged in the instant case is as follows: “The Defendant driven a Category DN car at the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju on June 6, 2015, and Dozed D’s house gate to the E-mail located in the Heung-gu, Chungcheongnam-gu, Cheongju.

On June 6, 2015, the Defendant obstructed the police officer’s legitimate execution of duties concerning the maintenance of order by assaulting the following: (a) on the E-mail on June 17:15, 2015, the Defendant refused to undergo a traffic accident after receiving a report from 112 on the occurrence of a traffic accident; and (b) he refused to undergo a traffic accident investigation from a slope G, etc. belonging to the Cheongdong-gu Police Station Fuk-gu, Cheongdong-gu, Seoul; (c) on the part of G, booming the Defendant’s arms; and (d) assaulting G, booming G’s Y, making it difficult

B. The crime of interference with the performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only where the act belongs to the abstract authority of a public official but also where the act satisfies the legal requirements and methods for specific performance of duties. Thus, the act of assault or intimidation against the public official who performs the act of lacking such legality was committed.

Even if it cannot be said to interfere with the performance of official duties (see Supreme Court Decision 92Do506 delivered on May 22, 1992). Article 199(1) of the Criminal Procedure Act can conduct necessary investigations to achieve the purpose of investigation.

However, the principle of voluntary investigation is specified by stipulating that compulsory measures shall be limited to cases where there are special provisions in this Act, and they shall be limited to the minimum necessary extent.