The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to interference with the performance of official duties by mistake of facts, the victim did not perform the specific duties other than the fact that the last plenary session was terminated in 2014, and did not need to be viewed as the performance of duties, or the nature of duties itself does not need to be sufficiently waiting. Thus, the victim is a person performing official duties.

It can not be seen, and the defendant did not have any intention to obstruct the execution of official duties.

Nevertheless, the lower court which convicted the Defendant of this part of the facts charged erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendant (4 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the phrase “a crime of obstructing the performance of official duties” under Article 136(1) of the relevant legal doctrine does not mean that a public official actually performs an act necessary for the performance of his/her duties, but also includes when the public official is in the position of working for the performance of his/her duties.

In light of the nature of duties, it is inappropriate to separately discuss the process of performing duties individually and partially, or there is a considerable reason to grasp the process of performing duties as a series of duties by combining various kinds of acts (see Supreme Court Decisions 2008Do9919, Jan. 15, 2009; 2010Do13435, Dec. 22, 201, etc.). In full view of the following circumstances acknowledged by the evidence duly adopted and duly examined by the lower court and the first instance court, it is recognized that the damaged person was performing duties by examining documents at his office after the end of the plenary session, and by viewing the work as a business by using a computer.

1. The D Council.