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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Legal reasoning is that it is difficult to view that a police officer’s act of a police officer who made a speech to a police officer, such as “not to have a police officer” alone does not constitute a threat of harm and injury that may cause fear. The police officer’s act of having a defendant who requested a defendant who was merely an offender under the Punishment of Minor Offenses Act to leave the place but did not constitute a lawful arrest in the act of a police officer, and thus, the defendant’s act against it is justifiable
The judgment of the court below that recognized the defendant's obstruction of performing official duties is erroneous in the misapprehension of legal principles.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 4 million) is too unreasonable.
2. Determination
A. Determination as to the assertion of misunderstanding of legal principles refers to an act of notifying harm and injury for the purpose of causing fear to the other party. The contents of harm and injury so notified are sufficient to have the other party feel fear objectively by taking into account various circumstances at the time of the act, such as the developments, the surrounding circumstances at the time of the act, the inclination of the actor, the degree of friendship with the other party, and the mutual relation between the offender and the other party, etc., and the other party does not have to feel fear. It does not require that the other party feel fear in reality. However, if the other party is insignificant and the intimidation is not open at all, it does not constitute intimidation (see, e.g., Supreme Court Decision 89Do1204, Dec. 26, 1989). In addition, the current offender may arrest a person without a warrant (Article 212 of the Criminal Procedure Act), but it is difficult to confirm the residence of the criminal (Article 214 of the Punishment of Criminal Procedure Act), and thus, arrest a person in violation of the Punishment Act can be limited to a criminal offense.