All appeals are dismissed.

The grounds of appeal are examined.

The crime of interference with the 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 act belongs to the abstract authority of a public official, but also the case meeting the legal requirements and methods for specific performance of duties. Thus, the act of violence or intimidation against a public official who lacks such legitimacy was committed against a public official who commits a lack of such legitimacy

Article 6(1) of the former Act on the Performance of Duties by Police Officers (amended by Act No. 12600, May 20, 2014; hereinafter “former Act on the Performance of Duties by Police Officers”) does not constitute a crime of interference with the performance of duties (see, e.g., Supreme Court Decisions 9Do4341, Jul. 4, 2000; 2008Do8214, Dec. 11, 2008). Article 6(1) of the former Act on the Performance of Duties by Police Officers (amended by Act No. 12600, May 20, 201; hereinafter “former Act on the Performance of Duties by Police Officers”).

If it is recognized, a warning necessary to prevent it may be issued to the persons concerned, and if it is urgently required due to an act that causes or might cause serious damage to their lives, the act may be prevented.

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The part concerning the restraint of police officers in the above provision is a provision concerning the power factual act in which the police officers exercise their real force and realize the necessary conditions of the police by exercising their own force, instead of assuming the failure to perform their duties in the situation where it is difficult to achieve the purpose in such a way that it is necessary to immediately enforce the police for the prevention of crime, that is, to remove the imminent police obstacles in the front of snow, and there is no time to order the duty or to order the duty.

Administrative immediate enforcement is exceptionally permitted within the inevitable limit to achieve the administrative purpose under its nature. Thus, the police officer's control measures under the above provision also can be exercised only to the minimum extent that such measures are inevitable.