The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

1. The summary of the grounds of appeal is as follows: (a) at the time of the instant case, the participants in assemblies, including the Defendants, were placed on the wooden tree planted within the squad to prepare for assemblies at the reported place of assemblies, and there is no entry by police officers into the squad until they interfere with assemblies by entering the place of assemblies.

Nevertheless, police officers intended to stop the installation of banner at the place of assembly reported, remove microphones, which are assembly supplies, and dissolve the participants in the assembly while putting them into custody, which is unlawful. The Defendants’ act of assaulting against such illegal police officers’ performance of duties does not constitute obstruction of performance of official duties.

Nevertheless, the court below found the Defendants guilty by misunderstanding facts or misunderstanding the legal principles on the legality of the performance of official duties.

2. Determination

A. On May 29, 2013, the summary of the facts charged in the instant case: (a) around 20:07, Defendant B: (b) committed assault, such as assaulting the police officer’s legitimate performance of official duties by having his face and face part of G, and having his blue blue with his arms, and obstructing police officers from performing their official duties by obstructing police officers from performing their official duties at around 25th day of the Seoul Special Police Agency’s fifth East E, Seoul Special Metropolitan City Police Agency’s 2-3 times, where the police officer was assigned to work in order to prevent the entry of the chemical group, based on a notice of setting up and notifying the order-based on which the police officer informed the organizer of the assembly. (b) Defendant B interfered with police officers’ legitimate performance of official duties at the same place as Seoul Special Police Agency’s 20th day.

B. The crime of obstructing the performance of official duties stipulated in Article 136 of the Criminal Act is committed.