The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant’s act of assaulting police officers at the time of the instant case was committed during the process by police officers to resist the police officers’ attempt to arrest them as flagrant offenders without going through due process, and thus, the illegality in obstructing the performance of official duties is excluded and acquitted.

Nevertheless, the court below which found the defendant guilty has erred by misunderstanding of facts and misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court (an amount of KRW 7,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The crime of interference with the performance of official duties by a public official under Article 136 of the Criminal Act regarding the assertion of mistake of facts and misapprehension of legal principles is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only the act within the abstract authority of a public official but also the case meeting the legal requirements and methods for specific performance of duties.

If police officers intend to arrest a current criminal on account of their failure to meet the requirements for arrest of a flagrant offender, it cannot be deemed a legitimate performance of official duties, and if the act of arresting a flagrant offender goes out of lawful performance of official duties and is deemed an illegal act, it would be justified that the act of causing bodily injury to a police officer in the course of resisting against the police officer to escape from arrest constitutes a legitimate defense as an act aimed at escaping from the current infringement of body due to illegal arrest (Supreme Court Decision 2011Do3682 Decided May 26, 201). According to the evidence duly adopted and examined by the court below, the following facts are acknowledged.

1) At around September 20, 2015, D, the Defendant’s seat around 00:38, “A married couple who is a mother of a vessel, she is under the influence of alcohol, she fright by entering the house in the influence of alcohol.

“The 112 Report was defective, and the police officer G and F sent to the House located in the Republic of Korea, the police officer of the police station E (a police station) to which the report was received, to the House in the Republic of Korea, Da.

2) G, F. G.W.