Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On May 8, 2014, at around 19:20, the Defendant expressed to the effect that he was a disabled person, while confirming the circumstances of the case by the police officer F of the Seoul Yongsan Police Station Estation, who was dispatched after receiving 112 report that the assault case occurred in front of the Dju located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant was punished by insult against the Defendant.

Accordingly, the above F, who intends to arrest the Defendant as an offender in the crime of insult and to take aboard the patrol vehicle, interfere with the handling of the victim's right-hand 112 Reports by the next police officer once, and legitimate execution of duties concerning the arrest of the flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G, H, I, and F;

1. Each statement of G, H and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant did not assault the F of a police officer and has committed a domestic violence;

Even if the above police officer arrested the defendant as an offender in the crime of insult, it cannot be deemed legitimate execution of official duties. Since the defendant committed an assault against the police officer in the course of resistance against illegal arrest, it constitutes self-defense and thus, illegality is dismissed.

2. The crime of obstruction of the performance of official duties is a premise of a legitimate performance of official duties by a public official. As such, whether a certain performance of official duties by a public official belonging to an abstract authority is legitimate shall be determined objectively and reasonably based on the specific circumstances at the time of the act, and shall not

(see, e.g., Supreme Court Decision 91Do453, May 10, 1991). Likewise, legality of the arrest of a flagrant offender is specific at the time of arrest.