The defendant shall be innocent.

1. At around 20:50 on March 17, 2019, the Defendant: (a) expressed the following facts: (b) expressed that the Defendant was at the “Cju station” located in Gwangju-si B, and that the Defendant was at the site after receiving a report of 112 that the Defendant was fluoring the Defendant’s work-free disease, such as shouldering the Defendant, and that E and Gyeong F sent to the site, recommended the Defendant to pay the drinking value; (c) the Defendant to pay the drinking value; (d) the Defendant’s body’s body was fluored by drinking, and the Defendant’s body was fluored by drinking the Defendant’s body on the front side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The crime of obstruction of performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only the abstract authority of a public official, but also the case meeting the legal requirements and methods for specific performance of official duties. Thus, even if the act of assault or intimidation against the public official performing the act of lack of legitimacy, it cannot be deemed that the crime of obstruction of performance of official duties is established.

(See Supreme Court Decision 201Do7259 Decided March 14, 2013 (see, e.g., Supreme Court Decision 2011Do7259). To arrest a flagrant offender as a flagrant offender, there should be concerns over arrest, i.e., the necessity of arrest, escape or destruction of evidence, in addition to the punishment of the act, the current and time contact of the crime, and the apparentness of the crime and the crime. The arrest of a flagrant offender who fails to meet such requirements constitutes illegal arrest

(see, e.g., Supreme Court Decision 98Do3029, Jan. 26, 1999). Whether a person satisfies the requirements for the arrest of a flagrant offender should be determined based on the situation at the time of arrest. The judgment by a prosecutor or a senior judicial police officer, etc. regarding the requirements should be determined based on the situation at the time of arrest. However, even considering the situation at the time of arrest, the prosecutor or a senior judicial police officer