Of the facts charged in the instant case, the charge of obstructing the performance of official duties is acquitted. Of the facts charged in the instant case, insult is made.

Parts of innocence

1. 이 부분 공소사실 피고인은 2014. 8. 8. 22:50경 성남시 중원구 성남동 모란시장 사거리 횡단보도 앞노상에서 D EF소나타 승용차를 운행 중이던 E이 길을 비켜달라고 했다는 이유로 위 차량을 몸으로 가로 막고, 다수의 통행인이 있는 상황에 E에게 “뭘 알어 씹할 년아", “이 씹할 년이 잘못한 게 있으니 조사해라”라고 큰소리로 욕설을 하였다.

In this regard, the Defendant observed the above situation by a slope G belonging to the F Zone G of the Seongbuk-gu Police Station in the Seongbuk-gu Police Station, which was called out after receiving a report to handle an accident at the scene of the accident in the above location, and arrested the Defendant in flagrant offender on suspicion of insult, etc., and obstructed the police officer’s legitimate execution of duties concerning the public security by assaulting the above G’s right-hand bucks one time for the purpose of evading this.

2. Determination

A. 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 case meeting the legal requirements and methods for specific performance of official duties. Thus, even if the act of assault or intimidation against the public official performing the act of lack of legitimacy is committed, it cannot be deemed that the crime of obstruction of performance of official duties is established.

(see, e.g., Supreme Court Decision 2011Do7259, Mar. 14, 2013). Meanwhile, in order to arrest a flagrant offender as a flagrant offender, there should be concerns over arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment of the act, the current and time contact of the crime, and the apparentness of the crime, and the arrest of a flagrant offender who fails to meet such requirements constitutes an illegal arrest without a warrant based on the legal basis.

(see, e.g., Supreme Court Decision 98Do3029, Jan. 26, 1999).