|
【Main Issues and Holdings】
[1] Meaning of “performance of duties” in the crime concerning obstruction of a public official in discharging an official duty
Standards for determining whether the performance of a public servant’s duty constitutes “lawful performance of an official duty,” a prerequisite for the crime of obstruction of performance of official duties
[2] In the case where: (a) the Defendant went to the city government’s residential livelihood and welfare department office while intoxicated and caused disturbance; (b) when Party A and Party B, city government officials, restrained the Defendant and tried to drag him outside, the Defendant grabbed Party A and Party B by the collar, scuffled with them several times, and slapped Party A in the face by wielding a mobile phone; and (c) the Defendant was accused of obstructing the lawful performance of a city government official’s duties of conducting an exhaustive survey on residential livelihood and welfare and answering civil complaints, the case holding that the Defendant’s act constitutes obstruction of the city government official’s lawful performance of duties and thus constitutes the crime of obstruction of performance of official duties
|
