The defendant's appeal is dismissed.

1. Grounds for appeal;

A. In fact-finding, the defendant's misunderstanding of facts committed the above act while resisting the delay in issuance after receiving a written notice of penalty, but the court below erred by misunderstanding that the defendant committed the above act while resisting the defendant to promptly issue the penalty before being issued a written notice of penalty.

B. The act of the defendant by misapprehension of the legal principle to fluorize the outside of a traffic control police officer cannot be deemed as an assault to the extent that it interferes with the police officer's performance of official duties.

The traffic control service for the defendant of the traffic control police officer is terminated by the issuance of a penalty notice, and the above act of the defendant is not committed in the course of "performance of duties" in relation to traffic control, since it was occurred while the police officer and the dispute occurred after the penalty notice was issued.

Arrest of the defendant in the act of committing an offense is unlawful because it does not meet the requirements of arrest, such as the risk of escape or destruction of evidence.

C. The sentence imposed by the lower court (two years of suspended execution for six months of imprisonment, and one hundred and sixty hours of community service order) is too unreasonable.

2. Determination

가. 사실오인 주장에 관한 판단 원심은 판시 증거들을 종합하여, 피고인이 “∽ 교통단속을 당한 후, 경찰관에게 ‘범칙금 고지서를 빨리 발급해 달라고 항의를 하던 중,’ 그의 경찰외근조끼 아래 부분을 수회 잡아당겨 교통단속에 관한 경찰관의 정당한 직무집행을 방해하였다“는 취지의 이 사건 공소사실을 유죄로 판단하였다.

However, with regard to the crime of obstruction of performance of official duties, the term "performance of official duties" refers to the following:

shall include the cases where a public official is in a working state for the performance of his/her duties, such as deemed in Section 2.

Therefore, the traffic control service cannot be terminated with the issuance of penalty notice.

The facts charged of this case also refer to the execution of duties.