Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On March 5, 2019, at around 19:50, the Defendant laid away cigarette butts on the roadside in Suwon-gu, Busan.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Each written statement of D and E;

1. Application of video-related Acts and subordinate statutes to crime scene;

1. Article 3 (1) 11 of the Punishment of Minor Offenses Act and the Selection of a fine for the crime;

1. The portion not guilty under Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. 공소사실 피고인은 2019. 3. 5. 20:05경 부산 수영구 B에서 ‘어떤 아줌마가 담배꽁초를 버렸고, 그와 관련해서 주민과 다투고 있다’는 112 신고를 받고 출동하여 피고인이 담배꽁초를 버리는 것을 목격한 부산남부경찰서 F지구대 순경 C으로부터 신분증 제시를 요구받자 "아 씨발 좆같네, 담배꽁초 버린 게 잘못된 거냐, 내가 당신들한테 뭘 불러 줘야하냐“고 욕설하였다.

While the Defendant continued to refuse to disclose his/her personal information to the police officer, he/she was notified by the police officer that he/she would arrest a flagrant offender due to a violation of the Punishment of Minor Offenses Act, and turned on the chest of the above police officer.

Accordingly, the defendant interfered with the police officer's 112 report processing and arrest of flagrant offender.

2. Determination

A. The crime of obstruction of 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 the abstract authority of a public official, but also the case meeting the legal requirements and methods for specific performance of duties. Thus, if a police officer attempted to arrest a flagrant offender due to his/her failure to meet the requirements for arrest of a flagrant offender, it cannot be deemed legitimate performance of official duties.

(see, e.g., Supreme Court Decision 2011Do3682, May 26, 2011). B.

Any person shall hold a warrant.