The defendant shall be innocent.

1. On October 24, 2012, the Defendant: (a) around 23:10 on October 24, 2012, on the street in front of the D District District District in Mapo-gu Seoul, requested the Defendant to accompany the D District from E in the circumstances surrounding the D District District in the Mapo-gu Police Station to the D District, and used the patrol vehicle while taking a bath to E, and used the breath’s breath and breath with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

2. The summary of the defendant's and his defense counsel's assertion was forced to proceed to the D Zone in a voluntary behavior form against his will. As above, the act of compelling the defendant to proceed to the D Zone constitutes an unlawful arrest, and thus, constitutes an unlawful arrest, and therefore, even if the defendant had taken the flab of the police officer's flab, the act does not constitute the crime of obstruction of performance of official duties.

3. The burden of proving the facts constituting an offense prosecuted in a false criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, so long as there is no such evidence, the suspicion of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). Since the crime of obstruction of performance of official duties under Article 136 of the Criminal Act is established only when a public official’s official’s performance of duties is legitimate, the crime of obstruction of performance of official duties against a police officer who carries out voluntary act requires the voluntary act to be lawful.

However, in the form of the investigator's consent in the course of the investigation, the investigator's accompanying the suspect to the investigating agency, etc. is practically restricted the freedom of body of the other party and is placed in a situation similar to the arrest actually.