The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Unlike the facts charged, the mistake of facts or misapprehension of legal principles and the assault by co-defendant B of the original instance court did not appear to have been prevented by police officers, but the police officers were in the situation where they were cab to return home to the defendant, etc. after the disturbance of the defendant et al. was terminated. This was done after the completion of performance of duties by police officers as to the maintenance of order within the main point of view, and thus, the act of the defendant et al.

B. At the time of the crime of this case with mental disorder, the court below did not recognize that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol, which affected the conclusion of the judgment.

C. The lower court’s sentencing (fine 3.5 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts or misapprehension of legal principles, the "execution of official duties" in the crime of obstruction of performance of official duties under Article 136 (1) of the Criminal Act does not mean that the public official actually performs the necessary act, but includes when the public official is in the working state for the performance of his/her duties.

(See Supreme Court Decision 2008Do9919 Decided January 15, 2009, etc.). According to the health stand in this case and the evidence duly admitted and investigated by the court below, the defendant and co-defendant B were unable to avoid any disturbance, such as putting the other customers on the floor at the seat of the Gwanak-gu Seoul Special Metropolitan City D main office around 00:40 on April 25, 2012, and reported to the police by H, who is the owner of the above D main office, to the police. Upon receiving the report, he tried to find the guardian by shoulder F and slope G belonging to the Seoul Geumcheon Police Station E-gu Seoul Special Police Station, but the defendant et al. did not comply with it, and the police officers et al. were al. al. to leave the taxi.