The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not have taken a part of the police officer G with a shoulder by booming the F while harming the police officer F, and harming the shoulder of the police officer G.

B. The Defendant asserted against police officers as above by misapprehending the legal doctrine.

However, the police officer's act of stopping the defendant does not constitute legitimate execution of official duties based on the Act on the Performance of Duties by Police Officers, and the police officer arrested the defendant without meeting the requirements and procedures for arresting the defendant in the act of obstruction of performance of official duties.

2. Determination

A. In light of the circumstances acknowledged in accordance with the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts, in particular, the police officer F consistently states the details of damage, damage, etc. from the investigation agency to the court of the first instance, and the police officer G’s investigation agency and the legal statement of the lower court are consistent with the police officer F’s statement, it can be sufficiently recognized that the Defendant took a part of the police officer’s G’s shoulder while putting the police officer F’s desire to take the view, and again breaking the shoulder of the police officer G.

Therefore, the defendant's above assertion of mistake is without merit.

B. (1) The crime of obstruction of the performance of official duties under Article 136 of the Criminal Code is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only where the act belongs to the abstract authority of the public official, but also where the legal requirements and methods for specific performance of official duties are satisfied.

In addition, Article 6 (1) of the former Act on the Performance of Duties by Police Officers (amended by Act No. 12600, May 20, 2014) of the former Act on the Performance of Duties by Police Officers (amended by Act No. 12600, May 201)