The defendant shall be innocent.

around 11:54 on April 18, 2016, the Defendant dumped cigarette butts on the street in front of the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu.

In the vicinity of this, as a public official E in the Gangseo-gu Office D and his control who has controlled illegal dumping of garbage demands the defendant to present his identification card, the defendant abused the E's body by the double hand.

Accordingly, the Defendant interfered with the legitimate execution of duties on the crackdown on illegal dumping of waste by public officials.

Judgment

1. The crime of obstruction of performance of official duties is established when a public official’s performance of official duties is legitimate, and the legitimate performance of official duties here must be within the authority of the public official as well as within the abstract authority of the public official. The requirements and methods of performing official duties must be met. Whether a public official’s performance of official duties is legitimate should be determined objectively and reasonably based on the specific

(see, e.g., Supreme Court Decision 2013Do2285, May 29, 2014). 2. Review of records reveals the following facts.

A. On April 18, 2016, the Defendant: (a) went to a mobile phone agency run by F to set up a mobile phone fee on April 18, 2016; (b) was unable to smoke on the street outside the said agency with the first customer identification card attached to the said agency.

B. At around 11:52:00 on April 18, 2016, three public officials of the Gangnam-gu Office, including E and G, began to regulate the Defendant’s unauthorized dumping of cigarette butts.

C. At around 11:52:27, the Defendant: (a) intending to run a cigarette butts, which she left, and enter the said mobile phone agency; (b) but, E met this.

In this regard, the defendant argued that the public official of the Gangnam-gu Office requested the presentation of his identification card to the mobile phone agency, and that he was able to find the identification card assigned to the mobile phone agency, and that E was working within the agency in this court, but it was placed at the agency.