The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (1) The defendant already knew that D was a police officer when he was in favor of D's arms, <2> The act of taking information and D', a police officer, constitutes legitimate execution of official duties. <3> The act of having D's members surround D is temporarily bound by D, and it constitutes violence, and the act of having D's members surrounded D', and the defendant directly carried the D's 's 's 's 's 's 's 's 's 's '' '' '' '' '' ''' '' '' '' '

2. Determination

A. The crime of obstruction of performance of official duties under Article 136 of the Criminal Code 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, it cannot be viewed as the crime of obstruction of performance of official duties.

(1) The State’s exercise of state power is not unlimited, but unlimited, if necessary for the State’s security, maintenance of order, and public welfare. In investigating a crime, it is immediately after the investigation agency committed a crime, and there is a need for preservation of evidence and urgency, and in the case of photographing a person by means of reasonable means generally permitted, the above photographing was conducted without a warrant.

On the other hand, the Assembly and Demonstration Act cannot be concluded unlawful (see, e.g., Supreme Court Decision 99Do2317, Sept. 3, 199).