The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding or misapprehension of legal principles) prevents a police officer from leaving the Defendant and A from getting out of the drinking house constitutes an unlawful performance of duties, and thus, the Defendant and A assaulted a police officer against such unlawful performance of duties.

Even if the obstruction of performance of official duties is not committed, it is not committed.

In addition, the defendant was faced immediately by another police officer in the course of his religious service to restrain a police officer from committing a crime of obstruction of the performance of official duties, and the defendant did not exercise any assault that can be assessed as an act of obstruction of the performance of official duties against the police officer.

2. Determination

A. The lower court also asserted to the same effect that the Defendant constituted an unlawful performance of duties. ① The Defendant alleged to the same effect at the main point of the instant case, and (3) the Defendant’s act of photographing the Defendant and A’s appearance constitutes “an act of stopping and questioning a person who is deemed to have knowledge of a crime committed or about to commit a crime committed,” as provided in Article 3(1)2 of the Act on the Performance of Duties by Police Officers at least constitutes “an act of assaulting the F and doing so, and doing so, using a police gear for the purpose of defending and protecting another person’s body or responding to the performance of official duties” as provided in Article 10-2(1)2 and 2 of the Act on the Performance of Duties by Police Officers. ③ The act of photographing the Defendant and A’s appearance constitutes an act of using a police gear to defend and protect the police officer or other person’s body or to resist the performance of official duties, and thus, constitutes an act of taking the Defendant’s body and performing official duties without any special skill, and thus, constitutes a lawful implementation of official duties.