The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해 ① 피고인은 수갑을 채우라는 시늉을 하며 두 손을 H 쪽으로 내밀어 H의 손목과 오른팔에 스쳐 닿았을 뿐, H를 손으로 밀친 사실이 없다.

The above act of the defendant was not an assault to the extent that it could interfere with the execution of a public official, nor did the defendant have been aware that he would assault H.

② At the time of the instant case, H did not perform the duty of handling 112 reports, but did not interfere with a police officer’s legitimate performance of duty concerning handling of 112 reports.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The crime of obstructing the performance of official duties is established by assault or intimidation against a public official who performs his/her duties. Here, assault includes not only the direct exercise of tangible power but also the act of indirectly exercising tangible power against a public official (see Supreme Court Decision 98Do662, May 12, 1998). According to the evidence duly adopted and investigated by the court below, the court below acknowledged the fact that the defendant committed assault by bruing H by committing two descendants with “defence by arrest.” The defendant’s direct exercise of tangible power against H in the course of handling the reported case 112 constitutes assault to the extent that it could interfere with his/her legitimate performance of duties.

Therefore, this part of the defendant's argument is without merit.

(2) The Defendant also asserted the same purport as the grounds for appeal in this part, and the lower court rejected the aforementioned assertion in detail by providing a detailed judgment on the assertion that there was no legitimate performance of official duties.

According to the evidence duly admitted and examined by the lower court, the lower court’s finding of facts is justifiable.