The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) ① the Defendant, upon H’s 112 report, opened a door to the police officer and opened the door to prevent the police officer from doing so, and did not assault the police officer, and ② even if the Defendant committed assault.

Even if police officers confirmed the safety of H through telephone communications, but they did not perform their duties with legitimate execution of duties, so the defendant's act is a measure to prevent unfair performance of public duties and to protect the peaceful life of home, and thus the illegality should be avoided. However, the judgment of the court below convicting the defendant of the facts charged of this case is erroneous in misunderstanding of facts.

2. Determination

A. The crime of obstruction of performance of official duties under Article 136 of the Criminal Act 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 that satisfies the legal requirements and methods for specific performance of official duties.

On the other hand, the duties of police officers, including prevention, suppression and investigation of crimes, and maintenance of public peace and order, fall under the duties of police officers (Article 2 of the Act on the Performance of Duties by Police Officers), and specific contents and methods of such duties are delegated to police officers' reasonable discretion based on professional

Therefore, if police officers perform duties concerning the suppression and investigation of crimes and the maintenance of order based on the judgment that they are appropriate measures within the scope of their human and material capacity in light of their specific circumstances, such duties cannot be deemed unlawful unless the performance of duties is deemed to be considerably unreasonable because they lose objective legitimacy.

(see Supreme Court Decision 2010Do7621, Nov. 11, 2010). Article 2 of the Act on the Performance of Duties by Police Officers is a duty performed by police officers, which protects the lives, bodies, and property of the people, and prevention, suppression, and investigation of crimes.