The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) that a police officer arrested the defendant as a flagrant offender constitutes an unlawful performance of official duties, and even if the defendant exercised physical power and expressed his desire to the police officer during the process of resisting such unlawful performance of official duties, the crime of obstruction of performance of official duties is not established. Furthermore, the defendant's act constitutes legitimate act because it is merely a legitimate act because the defendant's act constitutes self-defense with intent to escape from an unfair infringement due to illegal arrest, and the new act cited by the defendant constitutes legitimate act.

2. Determination

A. As to the assertion that the police officer’s performance of official duties is illegal, the crime of obstruction of performance of official duties is a premise of a legitimate performance of official duties by public officials. Thus, whether a certain performance of official duties by public officials belonging to abstract authority is legitimate should be determined reasonably based on the specific situation at the time of the act,

(see, e.g., Supreme Court Decision 91Do453, May 10, 191). Likewise, the legality of the arrest of a flagrant offender shall be objectively determined based on the specific situation at the time of arrest, and it shall not be based on whether it is recognized as an ex post facto offender.

According to each evidence duly adopted and investigated by the court below, the superintendent E belonging to the Daegu East Police Station requested on July 18, 2013 from F to the effect that "the defendant sent to the above head of the above head of the party in question immediately after receiving a report from F that "the defendant is under the influence of alcohol within the H party located in Daegu Dong-gu, and thus interfering with his/her duties," and that "the defendant would be punished because he/she is interfering with his/her duties due to obsation of humiliation and highness, etc." at the time when he/she arrived at the above site on July 18, 2013.