The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When the defendant was arrested as a current offender by the police officer E who received 112 reports at the time of entering the facts of the crime, the above E did not faithfully investigate the suspicion of narcotics of the taxi engineer, and the defendant took a bath for the above E, and did not exercise any particular physical force to E otherwise.

There is a fact that the defendant has assaulted or threatened E.

Even if a police officer receives a report 112 and conducts an investigation into a narcotic suspicion, which is the content of the report, and resists the defendant who fails to properly investigate the report at the end of performing his/her duties, rather than the defendant's report history, and if the defendant makes a false report, he/she can arrest or detain the defendant.

Since the defendant's abusiveism was threatened by intimidation, the defendant's act occurred in the course of resistance against the illegal performance of official duties by police officers who do not meet the substantive and procedural requirements.

Nevertheless, the court below found a person guilty on the premise that the performance of duties by a police officer is legitimate, as stated in the facts charged, which misleads the facts or misleads the legal principles.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The crime of obstructing the performance of official duties under Article 136 of the Criminal Act, which is established when a person commits assault or intimidation against a public official performing his/her duties, is sufficient to exercise a tangible power against a person, and does not necessarily require that the person’s body is related to it. Moreover, as an abstract dangerous crime, there is no specific result of obstructing the performance of duties.

Meanwhile, “the performance of duties” in the crime of interference with the performance of official duties is a public official’s act directly necessary.