The defendant shall be innocent.

1. Around 02:30 on November 25, 2017, the Defendant: (a) on the street club in front of the Daejeon Dong-gu, Daejeon; (b) on the same day, the Defendant: (c) reported on 112 that, while drinking alcohol at the above club, the Defendant was trying to take a part in driving; (d) the police officer affiliated with the Daejeon Dong-dong Police Station D Zone D Zone for the Daejeon Police Station, who was called the police officer after receiving a report on 112, attempted to take part in driving; and (e) without any justifiable reason, the Defendant treated the police officer beyond the above knee’s body by stating, “I am a frighte of frighte frighte frighte frighte frighte frighte frighte frighte frighte frighte frighte frighte frighte frighte frighte frighte flaf.”

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers who execute the 112-report handling affairs.

2. The crime of obstruction of the performance of official duties is an element of a crime of assault or intimidation, and the crime of obstruction of the performance of official duties is only an element of a crime of assault or intimidation.

In addition to the crime of interference with business, the Criminal Code prescribes the crime of obstruction of performance of official duties separately from private duties and official duties, the purpose of the Criminal Code is to punish public officials only when they interfere with the execution of official duties by means of violence, intimidation or deceptive scheme.

(See Supreme Court en banc Decision 2009Do4166 Decided November 19, 2009). Violence in the crime of obstruction of performance of official duties refers to not only the exercise of direct tangible power against public officials, but also the exercise of indirect tangible power (see Supreme Court Decision 2016Do9660, Mar. 30, 2017). However, even if so, it refers to the exercise of tangible power against the body, and the exercise of such tangible power means physical power that causes physical pain.

Supreme Court Decision 201Na1088 delivered on January 10, 2003