The prosecutor's appeal is dismissed.

1. The summary of the prosecutor's appeal of this case is that the defendants participated in the 40 member of the Democratic Trade Union Federation, etc., including the members of the Democratic Trade Union Federation, and issued a warning that the police should not be installed at the front of the road in front of the new town located in Yeongdeungpo-gu Seoul Metropolitan City, by setting up a stop, with the participants of the assembly, and that the police should not install the stop, and the defendants interfere with the performance of official duties by assaulting police officers against this.

However, the lower court deemed that the Defendants’ act of setting up the police force does not constitute the crime of obstruction of the performance of official duties, on the ground that the Defendants’ act of setting up the police force constitutes an act of performing official duties lacking legality, which does not meet the requirements of Article 6(1) of the former Act on the Performance of Duties by Police Officers (amended by Act No. 12600, May 20

However, under Article 6 (1) of the former Act on the Performance of Duties by Police Officers (amended by Act No. 12248, Jul. 15, 2014) a police officer may issue a warning to the persons concerned to prevent the act, and if it is urgently required because the act is likely to cause harm to human life and body, or serious damage to property, the act may be prevented. In this case, the act of the participants in the assembly without permission of the competent authority in front of the road corresponding to the road under the Road Act constitutes an act of occupying and using the road without permission and constitutes a criminal act punishable pursuant to Article 97 subparagraph 3 of the former Road Act (amended by Act No. 12248, Jul. 15, 2014). In addition, the above increased installation of a road is likely to cause serious property damage and serious property damage to the persons and vehicles driving on the road.