The prosecutor's appeal is dismissed.

1. The Defendant had interfered with the lawful performance of duties by police officers under the Act on the Performance of Duties by Police Officers.

2. Interference with the performance of official duties as prescribed by Article 136 of the Criminal Act is established only when the performance of duties by a public official is lawful. Even if a public official commits violence or intimidation against a public official performing a lack of legitimacy, it cannot be said that such act constitutes a interference with the performance of official duties.

In such a case, “reasonable performance of official duties” refers to cases where the act is not only within the abstract authority of a public official, but also meets the legal requirements and methods regarding the specific performance of duties (see, e.g., Supreme Court Decision 2007Do7514, Apr. 28, 201). A police officer may require a person to take measures deemed necessary to prevent harm to the person, manager of an object or other related persons in such place, or may directly take such measures if a police officer is in danger of causing harm to the life or body of a person, or serious damage to property, such as a natural disaster, incident, destruction or collapse of an artificial structure, traffic accident, explosion of a dangerous object, appearance of dangerous animals, extreme congestion, or other dangerous situation (Article 5(1)3 of the Execution of Police Officers’ Duties Act), and a police officer intends to take measures deemed necessary to prevent harm to the person, manager of an object, or other related persons (Article 5(1)3 of the Police Officers’ Duties Act).

If it is recognized, a warning necessary to prevent such act shall be given to the person concerned, and if it is urgent that such act causes, or is likely to cause, any danger or injury to human life or body, or grave damage to property, such act may be prevented (Article 6 of the same Act). Of Article 6 of the Act on the Performance of Duties by Police Officers, the provision on the restraint of police officers is a provision on the immediate enforcement of police officers for the prevention of crime

Administrative immediate enforcement is exceptionally permitted to achieve the administrative purpose under the nature of the administrative enforcement, so the control measures of police officers under the above provision are also taken.