The defendant's appeal is dismissed.

1. The summary of the grounds for appeal acknowledged that the Defendant assaulted a police officer while moving on board the police vehicle, as shown in the facts charged of the instant case. However, the instant assault was committed during the illegal performance of official duties by a police officer, which led the Defendant to a police officer, by force, while the Defendant expressed that he would be married before boarding the police vehicle, and the exercise of such force does not interfere with the legitimate performance of official duties, and the arrest of a flagrant offender thereafter is illegal.

Nevertheless, the court below erred by misapprehending the legal principles on the charge of obstruction of performance of official duties, which affected the conclusion of the judgment.

2. Determination

A. The crime of obstruction of the performance of official duties is a premise of a legitimate performance of official duties by a public official, and in order to be lawful in the performance of official duties, the act is not only within the authority of the public official concerned, but also within the authority of the public official, and also must have an important method as an act of official duties. Whether the execution of official duties by a public official belonging to abstract authority is legitimate shall be determined objectively and reasonably based on the specific situation at the time of the act, and shall not be determined in pure objective criteria

(see, e.g., Supreme Court Decisions 91Do453, May 10, 1991; 201Do4763, Aug. 23, 2013). According to Article 212 of the Criminal Procedure Act, a flagrant offender may be arrested without a warrant. A flagrant offender may be arrested without a warrant. In order to arrest a flagrant offender, the need for arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment of the act, the current nature of the crime, and the apparentness of the crime (see, e.g., Supreme Court Decision 98Do3029, Jan. 26, 199). Whether such requirements for arrest of a flagrant offender are satisfied should be determined based on the situation at the time of arrest.