The defendant shall be innocent.

1. On April 16, 2018, at around 17:00, the Defendant: (a) was requested to produce identification cards from D-Gu cleaning administration division and affiliated public officials E to impose fines for negligence on cigarette butter dumping; (b) refused to present identification cards; and (c) avoided the front of the above E; and (d) committed assault, such as rootsing E’s arms and tight parts.

Accordingly, the Defendant assaulted public officials to interfere with the legitimate execution of duties concerning the crackdown on illegal dumping of waste by public officials.

2. Determination

A. The crime of obstruction of 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 the abstract authority of a public official, but also the case that satisfies the legal requirements and methods for specific performance of official duties.

(See Supreme Court Decision 2007Do9794 Decided November 13, 2008, etc.). B.

Judgment

I would like to see whether the enforcement officer E was in the process of lawful performance of official duties at the time of assault, such as duplicating the E's arms of the enforcement officer.

According to the evidence duly adopted and examined by this court, E and F, a public official belonging to the Seoul Metropolitan Government D office cleaning administration and a public official belonging to the Seoul Metropolitan Government, demanded the defendant to produce identification cards to impose an administrative fine due to waste (tobacco butts), the defendant refused to produce identification cards while half the statement, and the defendant expressed the desire to "torhn" and "spati" to the defendant, who was walking the defendant and reported to the police, and the defendant made a telephone call to the police. Since E made a request for cooperation to the police, E sent out the arms to the defendant, and obstructed the front of the defendant, and the defendant spreaded the E's arms and pushed down the arms and pusheds.