The judgment below is reversed, and the case is remanded to the Seoul Northern District Court.

1. The summary of the facts charged by the Defendant at around 00:34, August 12, 2015, the Defendant reported to the Dobong-gu Seoul Metropolitan Government Report Center 112 that “Wed away from robbery” was false and reported to the police officer in charge by phoneing it to the Report Center, so that the police officer and E sent out on July 10, 2015, as well as from July 23:12, 2015 to August 0:34, 2015, the Defendant made a false report by the said method five times between the police officer and E and the police officer dispatched.

As a result, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

2. The lower court acquitted the Defendant on the charges of this case on the following grounds.

In order to punish the act of false reporting under Article 3(3)2 of the Punishment of Minor Offenses Act as a crime of obstruction of the performance of official duties by fraudulent means under Article 137 of the Criminal Act, which has a high statutory penalty, the act of causing a problem and the result of such act are clearly beyond the illegality of the act and the result of the act expected under Article 3(3)2 of the Punishment of Minor Offenses Act, and sufficiently reveal the exceptional circumstances.

In this case, although the police officer, who received the report, runs away from the police officer, and the defendant made a false report repeatedly, such circumstance alone is insufficient to view that Article 3(3)2 of the Punishment of Minor Offenses Act clearly exceeds the illegality of the act and result, and constitutes an exceptional case, to the extent that the defendant's act can be punished as obstruction of performance of official duties by fraudulent means under Article 137 of the Criminal Act, which has a high statutory penalty.

3. (1) The offense of violation of the Punishment of Minor Offenses Act due to a false report under Article 3(3)2 of the Punishment of Minor Offenses Act is established when “a false report is made to a public official of an unclaimed crime or accident.” The offense of obstruction of performance of official duties by fraudulent means under Article 137 of the Criminal Act is committed by causing mistake, mistake, and site of the other party, and causing a wrong report to the other party by fraudulent means using the same.