The defendant shall be innocent.

1. On July 14, 2018, at around 00:10 on July 14, 2018, the Defendant, at the residence of the Defendant located in Gyeonggi-si, and at around 00:10, the Defendant, upon receiving a report of 112 that the Defendant was engaging in a disturbance, d and E, a police officer belonging to the lowernam Police Station C District, a police officer belonging to the lowernam Police Station C District, called the Defendant, flading the Defendant into his/her hand, tightly tightly tightly with the left left side of the said E on one occasion with his/her hand, tightly tightly cut the right trees, and assaulted twice the upper part of the said D on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

2. Determination

A. Relevant legal principles 1) 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 legal requirements and methods regarding specific performance of official duties. Thus, even if a public official’s act of assault or intimidation against a public official performing an act of lack of legitimacy is committed, it may not be subject to the crime of obstruction of performance of official duties (see, e.g., Supreme Court Decision 2008Do9926, Feb. 12, 2009). Furthermore, whether a certain performance of official duties of a public official belonging 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 at a pure objective criteria (see, e.g., Supreme Court Decision 91Do453, May 10, 19