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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding (as to interference with the performance of official duties), although the Defendant saw the Defendant to walk the Defendant’s son’s hands by a police officer, this was incurred in the process of flying against the police officer who intends to lock the Defendant in the state of walking, and there was no intention to commit assault or interfere with the performance of official duties against the Defendant.
B. The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts, the meaning of a crime in the crime of obstructing the performance of official duties is that the other party knows the fact that he is a public official performing official duties, and that he uses violence or intimidation against it, and the perception is not definite but so-called so-called willful negligence.
In addition, there is no need to interfere with the execution of duties (see Supreme Court Decision 94Do1949 delivered on January 24, 1995). Accordingly, the following circumstances recognized by the court below from the evidence duly adopted and investigated by the court below, i.e., ① damaged police officers return the defendant to the first place after the defendant was sent back to the investigative agency.
However, the defendant tried to enter the direction direction direction, and he resisted it.
Therefore, the Defendant was able to take a lock, and the Defendant was able to take the lock, resisting that the Defendant, who was sprinked with both arms, sprinked to take the lock, and sprinked to sprink, and sprinked to splates during this process. ② According to CCTV images taken at the time of the instant case, the Defendant was able to talk with a police officer, and sprinked to the sprink on the earth’s direction, and thereafter, the Defendant continued to put the sprinks on the side of the guide sprink, and continued to put the Defendant under a sprink.