The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal submitted by the prosecutor, it is reasonable to view that the police officer F was legally in charge of traffic control since the police officer F had worked for traffic control at the time. Thus, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On September 13, 2013, the Defendant was required to stop on the street in front of the D, which was in the south-gu city of Mapo-gu, in order to verify whether the Defendant was carrying out traffic control at that place, from the slopeF belonging to the Mapo-nam Police Station Epia, which was in charge of traffic control.

피고인은 자신은 안전벨트를 착용하고 있음에도 정차를 요구받은 것에 화가 나, 경사 F에게 “눈 삣나 나도 병원에 가는데 바쁜데 이 새끼”라고 말을 하였고, 이에 경사 F가 “잘못 볼 수도 있지 말이 심한 것 아니냐”라고 대답함으로써 서로 시비가 붙게 되었다.

Accordingly, the Defendant set off from the driver’s seat and interfered with legitimate execution of duties in relation to the traffic control of the slopeF, a police official for about 15 minutes on the part of the Defendant, such as: (a) he she saw that the police officer had this dogb; (b) he sheed this franc police officer; and (c) her hand francing the franc’s franc with the franc’s franc, and reporting on the left-hand side of the F by drinking at one time.

B. The judgment of the court below held that 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, and the legitimate performance of official duties here refers to not only the abstract authority of the public official but also the case meeting the legal requirements and methods for specific performance of official duties. Thus, the crime of obstruction of performance of official duties is committed even if the act of assault or intimidation against the public official performing official duties lacking such legitimacy.