The defendant shall be innocent.

1. On October 12, 2014, the Defendant: (a) around 06:54, on the street located in Gangnam-gu Seoul Metropolitan Government, the Defendant obstructed a police officer’s lawful performance of duties in relation to the arrest of a flagrant offender by arresting G as a flagrant offender, etc. of a assault case and preventing the police officer from getting out of the police station; and (b) preventing the police officer from getting out of the police station, by taking the police officer’s arms and preventing him from getting out of the police station.

2. The crime of obstruction of the performance of official duties cannot be classified as a crime of obstruction of the performance of official duties even if a public official commits assault or intimidation against a public official performing a duty lacking legality of legal principles. The lawful performance of official duties refers to not only the act belongs to the abstract authority of the public official, but also the case meeting the legal requirements and methods concerning specific performance of official duties (see, e.g., Supreme Court Decisions 2004Do4731, Oct. 28, 2005; 2007Do7514, Apr. 28, 201). In addition, whether a public official performing official duties, which belongs to abstract authority, is legitimate shall be determined objectively and reasonably based on the specific situation at the time of the act, and it shall not be determined based on the specific situation at the time of arrest, and the legality of the arrest of a flagrant offender shall not be determined based on whether it was ex post facto recognized as a criminal.

(3) The main issue of the instant case is whether the Defendant’s act indicated in the facts charged can be considered as obstruction of performance of official duties, and whether the Defendant’s act as indicated in the facts charged can be deemed as obstruction of performance of official duties. In such a case, whether the Defendant’s act as indicated in the facts charged can be determined as obstruction of performance of official duties.

G The background of whether a flagrant offender was a flagrant offender in the case of assault is G from investigative agencies to this court.